NBBO v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1132

FEDERAL COURT OF AUSTRALIA

NBBO v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1132

MIGRATION – Refugee Review Tribunal – appeal from Federal Magistrates Court – whether Tribunal should have determined whether appellant member of social group – litigious persons in China or Beijing – procedural fairness – whether Tribunal obliged to put country information to appellant – appeal dismissed

Federal Court Act 1976 (Cth) s 25(1A) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 422B Migration Legislation Amendment (Procedural Fairness) Act 2002 (Cth)

NABE v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 263 discussed Applicant S v Minister for Immigration & Multicultural Affairs (2004) 217 CLR 387 discussed Applicant S v Minister for Immigration & Multicultural & Indigenous Affairs [2001] FCA 1411 discussed Re Minister for Immigration & Multicultural Affairs; Ex parte Abebe (1999) 197 CLR 510 referred to NAOA v Minister for Immigration & Multicultural Affairs [2004] FCAFC 241 applied NAMW v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 264 cited Muin v Refugee Review Tribunal (2002) 190 ALR 601 referred to Moradian v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 81 ALD 565 referred to WAID v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 220 referred to NBBO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 500 OF 2005 CONTI J 16 AUGUST 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 500 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NBBO

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT