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