VTAA v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCAFC 146

FEDERAL COURT OF AUSTRALIA

VTAA v Minister for Immigration & Multicultural & Indigenous Affairs
[2004] FCAFC 146

VTAA V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
V984 OF 2003

KIEFEL, WEINBERG AND STONE JJ
25 MAY 2004
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V984 OF 2003

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	VTAA APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGES:	KIEFEL, WEINBERG AND STONE JJ
DATE OF ORDER:	25 MAY 2004
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.        The appeal be dismissed with costs.

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	V984 OF 2003

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

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

JUDGES:	KIEFEL, WEINBERG AND STONE JJ
DATE:	25 MAY 2004
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

KIEFEL J:

1. It is apparent from the reasons of the primary judge that the appellant was unable to identify any legal error in the reasons of the Refugee Review Tribunal, let alone an error going to its jurisdiction.  The Tribunal had come to its decision on the facts of the appellant’s case.  What the appellant sought from the Court at first instance was a reconsideration of the factual matters determined by the Tribunal in light of his claims of fear of persecution.  In the decision appealed from, his Honour explained that this Court is not able to undertake a review of the merits of the case.  Its role is limited to ascertaining whether there is any legal error in the primary judge’s reasoning. 

2. No such error has been identified by the appellant and I can find none.  For these reasons, in my view, the appeal must be dismissed with costs. 

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Kiefel.

Associate:
Dated:            25 May 2004

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V984 OF 2003

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

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

JUDGES:	KIEFEL, WEINBERG AND STONE JJ
DATE:	25 MAY 2004
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

WEINBERG J:

1. I agree.

I certify that the preceding one (1) numbered paragraphs is a true copy of the Reasons for Judgment herein of the Honourable Justice Weinberg.

Associate:

Dated:            25 May 2004

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V984 OF 2003

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

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

JUDGES:	KIEFEL, WEINBERG AND STONE JJ
DATE:	25 MAY 2004
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

STONE J:

1. I also agree.

I certify that the preceding one (1) numbered paragraphs is a true copy of the Reasons for Judgment herein of the Honourable Justice Stone.

Associate:

Dated:            25 May 2004

Appellant:	The Appellant appeared in person
Counsel for the Respondent:	Dr S Donaghue
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	25 May 2004
Date of Judgment:	25 May 2004