NBBZ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 312

FEDERAL COURT OF AUSTRALIA

NBBZ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 312

MIGRATION – appeal from single judge – failure to take relevant consideration into account – whether speculation as to reason for deceit formed part of Refugee Review Tribunal's reasoning – whether error in approach of trial judge MIGRATION – appeal from single judge – obligation of Refugee Review Tribunal to treat applicants fairly – s 424A Migration Act 1958 (Cth) – questions to appellant at Tribunal hearing based on document disclosed to appellant after hearing – whether obligation to treat applicant fairly required document to be disclosed prior to hearing

Migration Act 1958 (Cth) subs 36(1), 36(2) and s 424A NAHV of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 214 followed Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 approved Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 cited NBBZ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL N 1127 of 2004 BRANSON, RD NICHOLSON and NORTH JJ 24 NOVEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1127 of 2004

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT

BETWEEN: NBBZ

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGES: BRANSON, RD NICHOLSON AND NORTH JJ

DATE OF ORDER: 24 NOVEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondents' costs.

IN THE FEDERAL COURT OF AUSTRALIA