VPAV v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 1657

FEDERAL COURT OF AUSTRALIA

VPAV v Minister for Immigration & Multicultural & Indigenous Affairs
[2004] FCA 1657

MIGRATION – no error of law – appeal dismissed

VPAW v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1655.

VPAV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

V883 OF 2004

MARSHALL J
15 DECEMBER 2004
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V883 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	VPAV APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MARSHALL J
DATE OF ORDER:	15 DECEMBER 2004
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.   The appeal be dismissed.

2.   The appellant pay the respondent’s costs of the appeal.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V883 OF 2004

BETWEEN:	VPAV APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

JUDGE:	MARSHALL J
DATE:	15 DECEMBER 2004
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. This appeal was heard at the same time as VPAW v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1655.

2. Counsel agreed that no additional issue is raised in the appeal over and above that raised in VPAW. Counsel for the appellant also agreed that the same result in VPAW should logically apply to this matter.

3. Consequently the Court will order that the appeal be dismissed with costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall.

Associate:

Dated:             15 December 2004

Counsel for the Appellant:	Mr J. Gibson
Solicitor for the Appellant:	Wimal & Associates
Counsel for the Respondent:	Dr S. Donaghue
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	15 December 2004
Date of Judgment:	15 December 2004