NBLH v Minister for Immigration and Citizenship [2007] FCA 209

FEDERAL COURT OF AUSTRALIA

NBLH v Minister for Immigration and Citizenship [2007] FCA 209

MIGRATION – application for leave to appeal from 'show cause' dismissal by Federal Magistrate under r 44.12(1)(a) Federal Magistrates Court Rules – whether failure to comply with the Migration Act 1958 (Cth) ss 424A and 441A – whether breach of natural justice – whether improper exercise of power – whether failure to consider evidence favourable to applicant – whether bias. Migration Act 1958 (Cth), ss 91R(3), 424A, 441A Federal Magistrates Court Rules 2001 (Cth), r 44.12(1)(a), (2) Décor Corp v Dart Industries Inc (1991) 3 FCR 397 cited Minister for Immigration & Multicultural Affairs v Jia Le Geng (2001) 205 CLR 507 referred to NBLH v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD2244 OF 2006

GILMOUR J

26 FEBRUARY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD2244 OF 2006

BETWEEN: NBLH

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GILMOUR J DATE OF ORDER: 26 FEBRUARY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The title of the First Respondent be amended to "Minister for Immigration and Citizenship". 2. The application for leave to appeal be dismissed. 3. The Applicant pay the First Respondent's costs fixed at $1,000. 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 NSD2244 OF 2006

BETWEEN: NBLH

Applicant

AND: MINISTER FOR IMMIGRATION AND

CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GILMOUR J

DATE: 26 FEBRUARY 2007