Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NBEI v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 171
MIGRATION – appeal from Refugee Review Tribunal – where applicant held temporary protection visa – where new claims made in application for protection visa – whether Tribunal failed to address a new claim
Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 474 Migration Regulations 1994 Sch 2 cl 866.228
NAGV and NAGW of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] HCA 6 referred to NBGM v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1373 considered NBEI v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA
N 664 of 2004 BRANSON J 11 MARCH 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 664 of 2004
BETWEEN: NBEI
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA
SECOND RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 11 MARCH 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. A writ of certiorari issue to quash the decision of the second respondent made on 16 March 2004. 2. A writ of mandamus issue directing the second respondent to determine the applicant's application to it according to law. 3. The first respondent pay the costs of the applicant.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 664 of 2004
BETWEEN: NBEI
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA
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