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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.

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

VTAA v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 146 (25 May 2004)
Last Updated: 1 June 2004

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:


3 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:


4 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
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