Sahtout v Minister for Immigration & Multicultural Affairs [2002] FCAFC 16; [2002] FCA 114

Sahtout v Minister for Immigration & Multicultural Affairs [2002] FCAFC 16 Sahtout v Minister for Immigration & Multicultural Affairs [2002] FCA 114

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation. * All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series. * All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Sahtout v Minister for Immigration & Multicultural Affairs [2002] FCA 114

MIGRATION – appeal from decision not to grant protection visa – stateless Palestinian resident in Syria – registered with United Nations Relief and Works Agencies for Palestinian Refugees in the Near East (UNRWA) – claim of well-founded fear of persecution if returned to Syria – whether primary judge erred in upholding Refugee Review Tribunal decision – whether any grounds for appeal MIGRATION – whether art 1D excludes appellant from the operation of Convention – where Tribunal assumed appellant not excluded – where primary judge found no error in Tribunal's approach MIGRATION – whether appellant at present receiving UNRWA protection or assistance - whether art 1D confers automatic refugee status where stateless Palestinians are no longer receiving protection or assistance – where ground not properly raised before Tribunal or primary judge – role of the Court where litigant is unrepresented