NBKS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1554

FEDERAL COURT OF AUSTRALIA

NBKS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1554

MIGRATION – applicant recognised as refugee by UNHCR – applicant granted Refugee (Class 200) visa – subsequent application for a protection visa – whether protection obligations enlivened by grant of a Refugee visa – whether the granting of a Refugee visa involves an assessment of a well founded fear of persecution for a Convention reason

MIGRATION – application for protection visa – Refugee Review Tribunal determined application under s 36(3) – whether s 36(3) concerns the applicant's country of habitual residence or nationality and where applicant claims a well founded fear of persecution

MIGRATION – application for protection visa – whether failure to comply with s 424A – whether failure to afford procedural fairness – whether Tribunal considered a sur place claim

Migration Act 1958 (Cth) ss 36, 424A

Migration Regulations reg 101 Applicant M185 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 230 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Huynh [2004] FCAFC 47 referred to QAAH v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 136 discussed SWNB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1606 cited Win v Minister for Immigration and Multicultural Affairs (2001) 105 FCR 212 cited

R Germov and F Motta Refugee Law in Australia Oxford University Press, 2003 at pp 62-64

NBKS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 193 OF 2005 MOORE J 10 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 193 OF 2005

BETWEEN: NBKS

APPLICANT