Applicant NABD of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 249

FEDERAL COURT OF AUSTRALIA

Applicant NABD of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 249 MIGRATION – applicant for protection visa claimed to be subject to religious persecution through proselytising and attending Christian worship in Iran – whether the material before the Refugee Review Tribunal justified the rejection of those claims. Judiciary Act 1903 (Cth), s 39B(1) Migration Act 1958 (Cth), ss 36(2), 424, 474, 477, 479 NAAA v Minister for Immigration & Multicultural Affairs [2002] FCA 362, cited. Abebe v Commonwealth (1999) 197 CLR 510, followed. Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1, followed. Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28, cited. Minister for Immigration and Multicultural Affairs v Sarrazola (No 2) (2001) 107 FCR 184, cited. NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228, cited. APPLICANT NABD of 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 280 of 2002 SACKVILLE, HELY & STONE JJ SYDNEY 22 AUGUST 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 280 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPLICANT NABD OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGES: SACKVILLE, HELY & STONE JJ

DATE OF ORDER: 22 AUGUST 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application to amend the notice of appeal be dismissed. 2. The appeal be dismissed. 3. The appellant pay the first respondent's costs of the appeal and of the application to amend the notice of appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.