Moimoi v Minister for Immigration & Multicultural Affairs [2000] FCA 198

Moimoi v Minister for Immigration & Multicultural Affairs [2000] FCA 198

As the constitutional arguments to be raised by the amendment to the notice of appeal were held to have no substance in a related appeal, the application to amend is futile and should be refused; in consequence, the appeal should be dismissed.

Jurisdiction
Australia
Judgment Date
06 March 2000
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
[]
['migration Law'] []

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether constitutional arguments raised in Tuitupou v Minister for Immigration and Multicultural Affairs apply to this appeal' 'Whether the appellant should be permitted to amend his notice of appeal to raise these issues']

Ratio Decidendi

As the constitutional arguments to be raised by the amendment to the notice of appeal were held to have no substance in a related appeal, the application to amend is futile and should be refused; in consequence, the appeal should be dismissed.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs."]