NBKE v Minister for Immigration & Citizenship [2007] FCA 126

FEDERAL COURT OF AUSTRALIA

NBKE v Minister for Immigration & Citizenship [2007] FCA 126 MIGRATION – protection visa – nationality of visa applicant – Tribunal determined nationality on the basis that visa applicant held an Indonesian passport – claim that bogus marriage in Indonesia did not result in the acquisition of Indonesian nationality and the loss of Chinese nationality – claim that Indonesian passport was obtained under false pretences – whether Tribunal considered all the visa applicant's claims Migration Act 1958 (Cth) s 424A(1), s 427(1)(d) Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184 Applicant M164/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 16 NBKE v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1234 OF 2006

SIOPIS J

15 February 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1234 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NBKE

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: SIOPIS J

DATE OF ORDER: 15 February 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1 The name of the first respondent is varied to 'Minister for Immigration & Citizenship'. 2 The appeal is allowed. 3 The decision of the Federal Magistrate dated 15 June 2006 is set aside. 4 The appellant's application for review of the decision of the delegate of the first respondent is remitted to the Refugee Review Tribunal to be determined according to law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.