VSAB v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 239

FEDERAL COURT OF AUSTRALIA

VSAB v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 239 MIGRATION – appeal from Federal Magistrate's decision – finding by Refugee Review Tribunal that nationality of appellant husband that of Former Yugoslav Republic of Macedonia – claim that finding made without any evidence to support it – meaning of "nationality" – whether Refugee Review Tribunal bound to act only upon direct evidence, such as text of statute, or expert evidence, when determining questions of "derivative acquisition of nationality" – whether distinction to be drawn between "original acquisition of nationality" and "derivative acquisition of nationality"

Applicants in V 722 of 2000 v Minister for Immigration & Multicultural Affairs [2002] FCA 1059 discussed Joyce v Director of Public Prosecutions [1946] AC 347 referred to Minister for Immigration and Ethnic Affairs v Petrovski (1997) 73 FCR 303 referred to Nolan v Minister for Immigration and Ethnic Affairs (1988) 165 CLR 178 referred to Nottebohm Case (Liechtenstein v Guatemala) (Second Phase) [1955] ICJ Rep 4 referred to Oppenheimer v Cattermole (Inspector of Taxes) [1976] AC 249 referred to R v Burgess; ex parte Henry (1936) 55 CLR 608 referred to Re Patterson; ex parte Taylor (2001) 207 CLR 391 referred to SFGB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 231 referred to Sykes v Cleary (1992) 176 CLR 77 referred to Tji v Minister for Immigration and Ethnic Affairs (1998) 55 ALD 508 referred to VHAJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 186 cited

VSAB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL

VID 1076 OF 2004

WEINBERG J

17 MARCH 2006

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA