Federal Court of Australia
FEDERAL COURT OF AUSTRALIA NBCN v Minister for Immigration and Citizenship [2007] FCA 659
MIGRATION – application for leave to appeal against interlocutory order of Federal Magistrate dismissing application for review – application for a protection visa – whether decision attended by sufficient doubt to warrant grant of leave – no point of principle. Migration Act 1958 (Cth), ss 30(1), 36(2) 424A Muin v Refugee Review Tribunal (2002) 190 ALR 601 cited Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 cited SGDB v Minister for Immigration and Multicultural and Indigenous [2004] FCAFC 59 referred to SZDGN v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1543 referred to NBCN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 82 OF 2007
GILMOUR J
4 MAY 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 82 OF 2007
BETWEEN: NBCN
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GILMOUR J DATE OF ORDER: 4 MAY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The name of the first respondent "Minister for Multicultural Affairs" be amended to "Minister for Immigration and Citizenship." 2. The Refugee Review Tribunal be joined as second respondent. 3. The application for leave to appeal be dismissed. 4. The applicant pay the first respondent's costs, fixed at $1,200. 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 82 OF 2007
BETWEEN: NBCN
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
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