QAAT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 968

FEDERAL COURT OF AUSTRALIA

QAAT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 968 MIGRATION – protection visa – applicant refused permanent visa following grant of two temporary protections visas – application to review decision of the Refugee Review Tribunal under s 39B Judiciary Act 1903 (Cth) – whether the Tribunal erred in failing to have regard to the second temporary protection visa when considering application for permanent visa – whether Tribunal erred in its consideration and application of Article 1C(5) of the Convention relating to the Status of Refugees – whether the Tribunal erred in failing to consider the inability of the State of Afghanistan to protect applicant from persecution – whether the Tribunal erred in finding that the applicant ceased to be a member of a particular social group for Convention purposes – whether the Tribunal's decision is affected by unreasonableness for failing to take into account the most recent country information

Statutes Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 65(1), 36(1), 36(2), 36(3), 36(4)

Cases Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Cited Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Cited Minister for Immigration and Ethnic Affairs v Mayer (1985) 157 CLR 290 Cited Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 Dist Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 54 Cited Minister for Immigration and Multicultural Affairs v Thiyagarajah (2000) 199 CLR 393 Cited NAGV and NAGW of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 6 Foll NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Cited NBGM v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1373 Foll QAAH of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1448 App Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002; Appellant S106 of 2002 v Minister for Immigration and Multicultural Affairs (2003) 198 ALR 59 Cited Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicant S134/2002 (2003) 211 CLR 441; [2003] HCA 1 Cited SWNB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1606 Cited