NBHW v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1270

FEDERAL COURT OF AUSTRALIA

NBHW v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1270 NBHW V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD226 OF 2005 BENNETT J 15 SEPTEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 226 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NBHW

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

AND: REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: BENNETT J

DATE OF ORDER: 15 SEPTEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed 2. The appellant pay the respondents' costs in the fixed sum of $3500. 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 NSD 226 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NBHW

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

AND: REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: BENNETT J

DATE: 15 SEPTEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a decision of Federal Magistrate Lloyd-Jones on 28 January 2005. His Honour dismissed an application by the appellant for review of a decision of the Refugee Review Tribunal ('the Tribunal'). The Tribunal determined that the appellant was not entitled to a protection visa under the Migration Act 1958 (Cth). The appellant alleges that the Tribunal made a jurisdictional error when it failed to find that the appellant was a member of a particular social group for the purposes of assessing the appellant's claimed fear of persecution.