NBKT v Minister for Immigration and Multicultural Affairs [2006] FCAFC 195

FEDERAL COURT OF AUSTRALIA

NBKT v Minister for Immigration and Multicultural Affairs [2006] FCAFC 195

MIGRATION - appeal from decision of Federal Magistrate - application for protection visa - whether Refugee Review Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth) in respect of provision of information to appellant - whether Tribunal asked wrong question or applied wrong test in considering claim of fear of persecution on religious grounds - whether Tribunal denied appellant procedural fairness having regard to the manner of examination of independent country information - lapse of time between entry into Australia and bringing of application for protection visa – consideration of s 91R(3)(b) – where appellant converted to Christianity while in Australia PRACTICE AND PROCEDURE - leave to amend notice of appeal - whether respondents prejudiced by granting of leave - whether exceptional circumstances required to be shown by appellant - whether allowance to be granted by the Court to permit recently published judgments to be understood and applied by legal profession - grounds not raised before Federal Magistrate Migration Act 1958 (Cth) ss 91R(3)(b), 424A, 425 Migration Regulations 1994 (Cth)

NBKT v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FMCA 6 referred to SZDJQ v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 533 cited SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 followed VWBF v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 851 cited VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168 cited Gomez v Minister for Immigration and Multicultural Affairs (2002) 190 ALR 543 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 cited Tin v Minister for Immigration and Multicultural Affairs [2000] FCA 1109 cited Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 cited VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 cited WAGP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 124 FCR 276 cited VWFP and VWFQ v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 231 cited NAZY v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 87 ALD 357 discussed M55 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 131 cited SZERV v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1221 cited SZCJD v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 609 discussed SZHFC v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1359 cited SZDPY v Minister for Immigration and Multicultural Affairs [2006] FCA 627 cited Applicant NABD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 216 ALR 1 cited S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 cited Craig v The State of South Australia (1995) 184 CLR 163 cited Abebe v The Commonwealth of Australia (1999) 197 CLR 510 cited SZANK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1478 cited Minister for Immigration and Multicultural and Indigenous Affairs v Lay Lat (2006) 151 FCR 212 cited SZCIJ v Minister for Immigration and Multicultural Affairs [2006] FCAFC 62 cited NAST v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1536 cited SBCC v Minister for Immigration and Multicultural Affairs [2006] FCAFC 129 cited Wang v Minister for Immigration and Multicultural Affairs (2000) 105 FCR 548 cited NBKT v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 344 OF 2006