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
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
V882 OF 2004 |
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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BETWEEN: |
VPAX FIRST APPELLANT
VPAY SECOND APPELLANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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MARSHALL J |
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DATE OF ORDER: |
15 DECEMBER 2004 |
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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.
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
V882 OF 2004 |
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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BETWEEN: |
VPAX FIRST APPELLANT
VPAY SECOND APPELLANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
MARSHALL J |
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DATE: |
15 DECEMBER 2004 |
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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.
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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
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Counsel for the Appellants: |
Mr J. Gibson |
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Solicitor for the Appellants: |
Wimal & Associates |
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Counsel for the Respondent: |
Dr S. Donaghue |
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Solicitor for the Respondent: |
Clayton Utz |
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Date of Hearing: |
15 December 2004 |
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Date of Judgment: |
15 December 2004 |