VPAX v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 1656

FEDERAL COURT OF AUSTRALIA

VPAX v Minister for Immigration & Multicultural & Indigenous Affairs
[2004] FCA 1656

MIGRATION – no error of law – appeal dismissed

VPAW v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1655, referred to

VPAX AND VPAY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

V882 OF 2004

MARSHALL J
15 DECEMBER 2004
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V882 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

VPAX
FIRST APPELLANT

VPAY
SECOND 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 appellants 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	V882 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

VPAX
FIRST APPELLANT

VPAY
SECOND APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT

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 appellants 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 Appellants:	Mr J. Gibson
Solicitor for the Appellants:	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