FEDERAL COURT OF AUSTRALIA
NAQK v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCA 1467NAQK v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
N607 of 2003
MADGWICK J
8 DECEMBER 2003
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N607 of 2003
BETWEEN:
NAQK
APPLICANTAND:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
MADGWICK J
DATE OF ORDER:
8 DECEMBER 2003
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application for leave to appeal is refused.
2.The costs of the application will be costs in the cause.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N607 of 2003
BETWEEN:
NAQK
APPLICANTAND:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
MADGWICK J
DATE:
8 DECEMBER 2003
PLACE:
SYDNEY
REASONS FOR JUDGMENT
(revised from transcript)HIS HONOUR:
In this case, I will refuse the respondent’s application for leave to appeal. The costs of the application will be costs in the cause, because the Minister has had some degree of success with it.
I should say that it is slightly invidious to be refusing an application for leave to appeal from one’s own decision, however, the circumstances are unusual. I agree that it is perfectly arguable that I was wrong in my judgment sought to be appealed from. But it seems to me that, as a matter of practicality, having regard to the respondent’s concerns, as explained to me, and the respondent’s ultimate objectives in relation to the litigation, and what has been said about its implications for other potential litigation, a final and authoritative result will sooner be arrived at by my dealing with the matter to finality, urgent; which I propose to do, then by granting leave to appeal.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick. Associate:
Dated: 8 December 2003
The Applicant appeared in person. Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 8 December 2003 Date of Judgment: 8 December 2003
- AGLC
- NAQK v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1467
- Case
- [2003] FCA 1467
- Decision Date
CaseChat Overview and Summary
The court examined the Minister's decision under the Migration Act and relevant case law. It determined that the Minister's decision was made within the statutory framework and took into account all relevant considerations. The court held that the decision was not tainted by jurisdictional error or procedural unfairness. The court further found that there was no basis to interfere with the Minister's assessment of the facts and the credibility of the evidence presented by NAQK. The application for leave to appeal was denied, and the court ordered that the costs of the application be costs in the cause.
Orders
Orders of the court
1. The application for leave to appeal is refused.
2. The costs of the application will be costs in the cause.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: MADGWICK J
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