Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NBMH v Minister for Immigration and Citizenship [2007] FCA 175 Migration Act 1958 (Cth) ss 422B, 424, 424A(3)(a) Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Re Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Re Minister for Immigration and Multicultural Affairs; Ex parte Appellant S20/2002 (2003) 198 ALR 59 SZCIJ v Minister for Immigration and Multicultural Affairs [2006] FCAFC 62 NBMH v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 2020 OF 2006
NICHOLSON J
22 FEBRUARY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2020 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: NBMH
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: NICHOLSON J DATE OF ORDER: 22 FEBRUARY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The description of the first respondent be amended to 'Minister for Immigration and Citizenship'. 2. The appeal be dismissed. 3. The appellant pay the first respondent's costs of the appeal in the sum of $3100. 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 2020 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: NBMH
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: NICHOLSON J
DATE: 22 FEBRUARY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a judgment of a Federal Magistrate (Baumann FM) made on 29 September 2006dismissing an application for judicial review of a decision of the Refugee Review Tribunal (the Tribunal) dated 20 July 2005 and handed down on 9 August 2005. The Tribunal had affirmed a decision of a delegate of the first respondent to refuse to grant a protection (class XA) visa to the appellant.
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