NASA v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 653

FEDERAL COURT OF AUSTRALIA

NASA v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 653

MIGRATION – appeal from decision of Federal Magistrate disallowing review of decision of Refugee Review Tribunal – appeal upheld by Federal Court by reason of jurisdictional error of Tribunal in rejection of likelihood of religious persecution as overtly practising Christian – new grounds of appeal not raised in prior appeal to Federal Magistrates Court – whether expedient in interest of justice that new grounds of appeal permitted to be raised – appeal allowed – errors not correctly articulated by appellant to Federal Magistrates Court – transcript of Tribunal hearing not obtained for purpose of appeal to Federal Magistrates Court – whether transcript should be admitted into evidence – just and expedient in interests of justice that new grounds of appeal to Federal Court be heard and upheld – review of the delegate's decision remitted to Refugee Review Tribunal for reconsideration Migration Act 1958 (Cth) ss 414 and 474 Federal Court Act 1976 (Cth) Federal Court Rules 1976 (Cth) VAAC of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168 applied Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231 referred to Luu v Renevier (1989) 91 ALR 39 referred to Curragh Queensland Mining Ltd v Daniel & Ors (1992) 34 FCR 212 referred to Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 cited Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 cited Wilson v Official Trustee in Bankruptcy [2000] FCA 304 referred to Teoh v Minister for Immigration, Local Government and Ethnic Affairs (1994) 49 FCR 409 discussed Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 referred to Guss v Johnstone [2000] FCA 1455 referred to CDJ v VAJ (1998) 197 CLR 172 referred to Water Board v Moustakas (1988) 180 CLR 491 referred to NASA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 963 OF 2004 CONTI J 24 MAY 2005 SYDNEY