Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NBLB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1051
MIGRATION – application for review of decision by the Refugee Review Tribunal – whether 'all possible steps' should be construed as meaning 'all reasonably practicable steps' for the purposes of s36(3) of the Migration Act 1958 (Cth) – whether subjective fear of travelling to a country is relevant to operation of s 36(3) - whether there can be persecution that does not involve serious harm for purposes of s 36(4) – concept of persecution to be treated as a single consistent concept for purpose of s 36.
Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 36, 91R NBLB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ANOR NSD 460 OF 2005 EMMETT J 1 AUGUST 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD460 OF 2005
BETWEEN: NBLB
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 1 AUGUST 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the first and second respondents' costs. 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 NSD460 OF 2005
BETWEEN: NBLB
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: EMMETT J
DATE: 1 AUGUST 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant, who is a citizen of North Korea, arrived in Australia on 15 October 2003. On 10 January 2005, he lodged an application for a protection (Class XA) visa under the Migration Act 1958 (Cth) ('the Act'). On 12 January 2005, a delegate of the first respondent, the Minister for Immigration & Multicultural & Indigenous Affairs ('the Minister'), refused to grant a protection visa. On 14 January 2005, the applicant applied to the second respondent, the Refugee Review Tribunal ('the Tribunal'), for review of the delegate's decision. On 24 February 2005, the Tribunal affirmed the decision not to grant a protection visa. 2 On 24 March 2005, the applicant commenced a proceeding in this Court, seeking relief pursuant to s 39B of the Judiciary Act 1903 (Cth) in respect of the Tribunal's decision. A further amended application was filed, without objection, on 20 June 2005 at the commencement of the hearing of the proceeding.
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