NBKM v Minister for Immigration and Citizenship [2007] FCA 1413

FEDERAL COURT OF AUSTRALIA

NBKM v Minister for Immigration and Citizenship [2007] FCA 1413

MIGRATION – application for a protection visa – Tribunal's decision set aside – matter remitted to Tribunal – no second hearing – whether Tribunal was obliged to conduct a second hearing – whether issues in relation to the decision under review had changed Migration Act 1958 (Cth) ss 422B, 424A, 425, 428 SZEPZ v Minister for Immigration and Multicultural Affairs [2006] FCAFC 107 Liu v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 541 Minister for Immigration and Multicultural Affairs v Wang (2003) 215 CLR 518 Abebe v Commonwealth (1999) 197 CLR 510 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 NBKM, NBKN AND NBKO v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 315 OF 2007

SIOPIS J

10 september 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 315 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: NBKM

First Appellant

NBKN

Second Appellant

NBKO

Third Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: SIOPIS J DATE OF ORDER: 10 SEPTEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The name of the first respondent is varied to "Minister for Immigration and Citizenship". 2. The appeal is dismissed. 3. The appellants are to pay the first respondent's costs.

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 315 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: NBKM