NAQJ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 946

FEDERAL COURT OF AUSTRALIA

NAQJ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 946 COURTS AND JUDICIAL SYSTEM – appeal from a decision of a Federal Magistrate – where grounds of appeal were not relied upon before the Federal Magistrate – whether new grounds have no reasonable prospect of success – whether expedient in the interests of justice to allow new grounds to be relied upon MIGRATION LAW – appeal from a decision of a Federal Magistrate – alleged fear of persecution by reason of religion – whether clash of religious doctrine essential – whether wish not to comply with all or part of the rites of a religion sufficient – grounds of appeal to be considered in context of claims made by appellant

Migration Act 1958 (Cth) s 91R H v Minister for Immigration and Multicultural Affairs (2000)63 ALD 43 cited Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 cited Prashar v Minister for Immigration and Multicultural Affairs [2001] FCA 57 approved SZABS v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 852 cited NAQJ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 848 of 2004 BRANSON J 22 JULY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 848 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NAQJ

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 22 JULY 2004

WHERE MADE: SYDNEY

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

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 848 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA