NAQG v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1631

FEDERAL COURT OF AUSTRALIA

NAQG v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1631 NAQG and ors v Minister for Immigration and Multicultural and Indigenous Affairs nSD 1145 of 2004 allsop j 13 DECEMBER 2004 sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1145 of 2004

BETWEEN: NAQG

FIRST APPELLANT

NAQH

SECOND APPELLANT

NAQI

THIRD APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 13 DECEMBER 2004

WHERE MADE: SYDNEY

THE COURT: 1. Orders that the matter be stood over to a date to be fixed for the making of final orders. 2. Directs the parties contact the associate to Allsop J upon having identified inter se the terms of orders or any debate about the terms of orders. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1145 of 2004

BETWEEN: NAQG

FIRST APPELLANT

NAQH

SECOND APPELLANT

NAQI

THIRD APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: ALLSOP J

DATE: 13 DECEMBER 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT

allsop j 1 The appellants: husband, wife and daughter, are citizens of Bangladesh. On 14 September 2001, they made application for protection visas (class XA) on the basis of the claims of the husband and father, the first appellant (NAQG). On 24 December 2001, a delegate of the Minister refused the visas. The appellants applied to the Refugee Review Tribunal (the "Tribunal") for review of that decision. A hearing took place on 26 March 2003. On 24 April 2003, the Tribunal handed down a decision made on 3 April 2003 affirming the decision of the delegate not to grant protection visas. 2 Application was made to the Federal Court under s 39B of the Judiciary Act 1903 (Cth) for judicial review of the Tribunal's decision. After the matter was remitted to the Federal Magistrates Court, Scarlett FM heard the matter on 24 February 2004 and on 27 February 2004 orders were made dismissing the application. These orders were stayed until reasons were delivered, which took place on 6 July 2004. The appellants appeal from those orders. 3 The grounds of appeal and the arguments of the appellants on appeal are best understood by, in the first instance, an appreciation of the claims of the appellants and how the Tribunal dealt with them.