NBGV v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 690

FEDERAL COURT OF AUSTRALIA

NBGV v Minister for Immigration & Multicultural & Indigenous Affairs

[2005] FCA 690 MIGRATION – applicant had held a temporary protection visa – application for a protection visa refused by delegate of the respondent – applicant claims to fear persecution en route to home district – whether Tribunal erred in not considering the particular route the applicant would take to his home district in Afghanistan – consideration of country information – whether Tribunal properly considered the possibility that the applicant would be persecuted as a 'secularised Afghan' – claim as both non-practising Muslim and one who had or was perceived to have abandoned Islam – difference between non-practising and abandonment – activities contrary to Islam – applicant's claim to have abandoned Islam not considered – jurisdictional error

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 424(1) Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Minister for Immigration & Ethnic Affairs v Guo (1991) 191 CLR 559 Minister for Immigration & Multicultural Affairs v Sameh [2000] FCA 578 NABE v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 263 NAGV v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 213 ALR 668 NBEM v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 161 NBGM v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1373 Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Applicant S134 of 2002 (2003) 211 CLR 441 Tharmalingam v Minister for Immigration & Multicultural Affairs [1998] FCA 537 NBGV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND THE REFUGEE REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA NSD690 of 2004 BENNETT J 2 JUNE 2005 SYDNEY