Minister for Immigration and Multicultural Affairs v Savvin
171 ALR 48398 FCR 168
[2000] FCA 478
Between: Minister for Immigration and Multicultural Affairs
And: Savvin
Judges:
Spender J
Drummond J
Katz J
Subject References:
migration
protection visa
stateless person
whether definition of 'refugee' requires that stateless person be outside country of former habitual residence owing to well-founded fear of persecution for Convention reason
whether 1967 Refugees Protocol amends 1951 Refugees Convention
use of Refugee Handbook in construing Convention and Protocol
applicability to Refugees Convention and Protocol of Vienna Convention on the Law of Treaties
use of implementing legislation of party to Convention or Protocol to construe Convention or Protocol
whether Art 1A(2) of Convention to be construed in light of Arts 1A(1) or 33(1) of Convention
Legislative References:
Migration Act 1958 (Cth) - 36
Immigration Act, RSC 1985, c I-2 - 2(1)
Case References:
Adan v Secretary of State for the Home Department - [1997] 1 WLR 1107
Rishmawi v Minister for Immigration and Multicultural Affairs - (1997) 77 FCR 421
Joyce v Director of Public Prosecutions - [1946] AC 347
Ex parte Lo Pak - (1888) 9 NSWLR 221
Applicant A v Minister for Immigration and Ethnic Affairs - (1997) 190 CLR 225
Adan v Secretary of State for the Home Department - [1999] 1 AC 293
R v Chief Immigration Officer[,] Gatwick Airport[;] ex parte Harjendar Singh - [1987] Imm AR 346
President
&
c of the Shire of Charlton v Ruse - (1912) 14 CLR 220
Peter Pazmany University v Czechoslovakia - (1933) Series A/B, No 61, p 208, discussed
Re Collins; Ex parte Hockings - (1989) 167 CLR 522
Hanlon v The Law Society - [1981] AC 124
Chew v The Queen - (1992) 173 CLR 626
Re Dingjan; Ex parte Wagner - (1995) 183 CLR 323
Victrawl Pty Ltd v Telstra Corporation Ltd - (1995) 183 CLR 595
Haris v Minister for Immigration and Multicultural Affairs - (FCA: Moore J, unreported, 12 February 1998)
Al-Anezi v Minister for Immigration and Multicultural Affairs - [1999] FCA 355; [1999] FCA 556
Diatlov v Minister for Immigration and Multicultural Affairs - (1999) 167 ALR 313
Chan v Minister for Immigration and Ethnic Affairs - (1989) 169 CLR 379
Somaghi v Minister for Immigration, Local Government and Ethnic Affairs - (1991) 31 FCR 100
Morato v Minister for Immigration, Local Government and Ethnic Affairs - (1992) 39 FCR 401
Rocklea Spinning Mills Pty Limited v Anti-Dumping Authority - (1995) 56 FCR 406
Suggested reading:
James Hathaway, The Law of Refugee Status, Butterworths 1991
Frances Nicholson & Patrick Twomey ed, Refugee Rights and Realities, Cambridge University Press 1999
Office of the United Nations High Commissioner for Refugees, Handbook on Procedures and Criteria for Determining Refugee Status, 1992
Canadian Council for Refugees, Statelessness - Addressing the Issues, November 1996
1951 Convention Relating to the Status of Refugees
1954 Convention Relating to the Status of Stateless Persons
1969 Vienna Convention on the Law of Treaties
1967 Protocl Relating to the Status of Refugees Hearing date: 15 February 2000
Judgment date: 12 April 2000
Brisbane
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The orders of the primary Judge be set aside; in place of those orders, it be ordered that the application for review be dismissed with costs.
3. The respondents pay the costs of the present appeal.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.