NBGM v Minister for Immigration and Multicultural Affairs

HIGH COURT OF AUSTRALIAGUMMOW ACJKIRBY, CALLINAN, HEYDON AND CRENNAN JJNBGM   APPLICANTANDMINISTER FOR IMMIGRATION ANDMULTICULTURAL AFFAIRS & ANOR  RESPONDENTSNBGM v Minister for Immigration and Multicultural Affairs[2006] HCA 5415 November 2006S145/2006ORDER1.Special leave to appeal from the whole of the judgment and orders of the Full Court of the Federal Court of Australia given on 12 May 2006 be granted.2.The appeal be treated as having been instituted and heard instanter and be dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationG C Lindsay SC with L J Karp for the applicant (instructed by Legal Aid Commission of New South Wales)S J Gageler SC with S B Lloyd for the first respondent (instructed by Sparke Helmore)Submitting appearance for the second respondent.Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSNBGM v Minister for Immigration and Multicultural AffairsImmigration – Refugees – Application for permanent protection visa – Statute requiring Minister to be satisfied Australia owes protection obligations to the applicant under the Convention – Applicant previously granted temporary protection visa for a specified period – Whether previous grant of temporary protection visa entitles applicant on application for a new visa to a presumption of being owed protection obligations under the Convention – Construction of Migration Act 1958 (Cth), s 36 – Construction of the Convention.Words and phrases – "refugee", "protection obligations", "cessation".Migration Act 1958 (Cth), ss 5(1), 36.Convention relating to the Status of Refugees, Art 1A, Art 1C(5).Protocol relating to the Status...