NBJA v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

NBJA v MINISTER FOR IMMIGRATION & ANOR [2005] FMCA 1759

MIGRATION – Review of decision of Refugee Review Tribunal – leave sought to file at hearing further amended application raising new grounds – all grounds considered – new grounds did not disclose jurisdictional error – leave refused – failure to consider integers of claim – particular social group – relocation – consideration of independent country information – procedural fairness – failure to comply with s.424A – failure to act reasonably and judicially.

Judiciary Act 1903 (Cth), s.39B
Migration Act 1958 (Cth), ss.5(1); 36(2); 65(1); 91R; 91S; 474; 477; 483

Htun v Minister for Immigration and Multicultural and Indigenous Affairs [2001] FCA 1802 Minister for Immigration and Multicultural and Indigenous AffairsvYusuf (2001) 180 ALR 1 Minister for Aboriginal Affairs v Peko Wallsend (1986) 162 CLR 24 Dranichnikov v Minister for Immigration and Multicultural Affairs [2000] FCA 1801 Minister for Immigration and Multicultural and Indigenous Affairs v s152/2003 (2004) 205 ALR 487 SZBFE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1162 Applicant S v Minister for Immigration and Multicultural Affairs [2001] FCA 1411 NABE v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 263 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Applicant A& Anor v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 NAIZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 31 Randhawav Minister for Immigration, Local Government and Ethnic Affairs (1994) 124 ALR 265 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFA 10 Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Australian Broadcasting Tribunal v Bond & Ors [1990] HCA 33 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1947] 2 All ER 680

Applicant:

NBJA

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG3344 of 2004

Judgment of: Emmett FM

Hearing date: 22 November 2005

Date of Last Submission: 22 November 2005

Delivered at: Sydney

Delivered on: 6 December 2005

REPRESENTATION

Counsel for the Applicant: Dr J. Azzi

Solicitors for the Respondent: Mr L. Leerdam, Phillips Fox

ORDERS

1. Leave refused to file further amended application.

2. That the applications before this Court are dismissed.

3. That the Applicant pay the Respondent’s costs in an amount of $5000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG3344 of 2004

NBJA

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

The Application

1. This is an application pursuant to s.39B of the Judiciary Act 1903 (Cth) and s.483 of the Migration Act 1958 (Cth) (“the Act”) for judicial review of the decision of the Refugee Review Tribunal (“the Tribunal”) to affirm the decision of the delegate of the Minister for Immigration and Multicultural and Indigenous Affairs (“the Delegate”) not to grant a protection visa to the Applicant.

2. The Applicant was born…