FEDERAL COURT OF AUSTRALIA
NAQJ v Minister for Immigration & Multicultural & Indigenous Affairs
[2004] FCA 946COURTS AND JUDICIAL SYSTEM – appeal from a decision of a Federal Magistrate – where grounds of appeal were not relied upon before the Federal Magistrate – whether new grounds have no reasonable prospect of success – whether expedient in the interests of justice to allow new grounds to be relied upon
MIGRATION LAW – appeal from a decision of a Federal Magistrate – alleged fear of persecution by reason of religion – whether clash of religious doctrine essential – whether wish not to comply with all or part of the rites of a religion sufficient – grounds of appeal to be considered in context of claims made by appellant
Migration Act 1958 (Cth) s 91R
H v Minister for Immigration and Multicultural Affairs (2000) 63 ALD 43 cited
Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 cited
Prashar v Minister for Immigration and Multicultural Affairs [2001] FCA 57 approved
SZABS v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 852 citedNAQJ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
N 848 of 2004
BRANSON J
22 JULY 2004
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 848 of 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
NAQJ
APPELLANTAND:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
BRANSON J
DATE OF ORDER:
22 JULY 2004
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The appeal be dismissed.
2.The appellant pay the respondent’s costs of the appeal.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 848 of 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
NAQJ
APPELLANTAND:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
BRANSON J
DATE:
22 JULY 2004
PLACE:
SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION
This is an appeal from a judgment of the Federal Magistrates Court exercising jurisdiction under the Migration Act 1958 (Cth) (‘the Act’). On 6 May 2004 Federal Magistrate Barnes dismissed an application for judicial review of a decision of the Refugee Review Tribunal (‘the Tribunal’) which affirmed a decision of a delegate of the respondent not to grant the appellant a protection visa.
For the reasons set out below I have concluded that the appeal should be dismissed.
GROUNDS OF APPEAL
The original notice of appeal was filed by the appellant before the reasons for decision of the Federal Magistrate were available to the appellant in writing. It may be for this reason that it shows little, if any, connection with the decision of the Federal Magistrate. Sackville J gave the appellant leave to file and serve any ‘amended application’ by 24 June 2004. It is plain that his Honour’s order was intended to refer to an amended notice of appeal. The appellant filed an amended notice of appeal, which carries the heading ‘Amended Application’ on 25 June 2004. The…
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- AGLC
- NAQJ v MIMIA [2004] FCA 946
- Case
- [2004] FCA 946
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the Federal Magistrate correctly assessed the evidence and made findings regarding the appellant’s claim of a well-founded fear of persecution. The court needed to consider whether the Tribunal's decision was properly reviewed and whether the Federal Magistrate correctly applied the relevant legal principles in coming to their conclusion.
The court found that the Federal Magistrate did not err in their assessment of the evidence and the Tribunal’s decision. The court held that the evidence did not support the appellant’s claim of a well-founded fear of persecution based on their de facto relationship. The court found that the Federal Magistrate correctly applied the relevant legal principles in coming to their conclusion.
The appeal was dismissed, and the appellant was ordered to pay the respondent’s costs of the appeal.
Orders
Orders of the court
1. The appeal be dismissed.
2. The appellant pay the respondent’s costs of the appeal.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: BRANSON J
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