NBGM v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 60

FEDERAL COURT OF AUSTRALIA

NBGM v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 60 IMMIGRATION – Refugees – Application for a permanent protection visa – Appellant recognised as a refugee – Temporary protection visa granted – Permanent protection visa refused – Judicial review – Appeal – Proper approach to determine whether Australia has protection obligations to appellant – Whether Australia taken not to have protection obligations unless decision-maker satisfied that appellant has current well-founded fear of persecution pursuant to sub-ss 36(3) and (4) of Migration Act – Whether circumstances in connection with which appellant was recognised as a refugee had ceased to exist pursuant to art 1C(5) of Refugees Convention – Whether appellant continued to have well-founded fear of persecution pursuant to art 1A(2) of Refugees Convention

Migration Act 1958 (Cth), s 36 Migration Regulations 1994 (Cth) Convention Relating to the Status of Refugees 1951, done at Geneva on 28 July 1951, arts 1A(2), 1C(5) Adan v Secretary of State for the Home Department [1999] 1 AC 293, considered NAGV and NAGW of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 213 ALR 668; (2005) 79 ALJR 609, considered NBGM v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1373, approved QAAH v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 145 FCR 363, considered R (Hoxha) v Special Adjudicator; R (B) v Immigration Appeal Tribunal [2005] 1 WLR 1063, considered UNHCR, Handbook on Procedures and Criteria for Determining Refugee Status UNHCR, Guidelines on International Protection: Cessation of Refugee Status under Article 1C(5) and 1C(6) of the 1951 Convention relating to the Status of Refugees, 10 February 2003 (HCR/GIP/03/03) UNHCR, "The International Protection of Refugees: Interpreting Article 1 of the 1951 Convention Relating to the Status of Refugees" (2001) 20 Refugee Survey Quarterly 77 NBGM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR NSD 1643 OF 2004 BLACK CJ, MARSHALL, MANSFIELD, STONE AND ALLSOP JJ 12 MAY 2006 SYDNEY