V872/00A, V900/00A, V854/00A, V856/00A, and V903/00A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 185

FEDERAL COURT OF AUSTRALIA

V872/00A, V900/00A, V854/00A, V856/00A, and V903/00A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 185 MIGRATION – operation of Article 33 of the Refugee Convention in assessment of whether appellants are persons to whom Australia has protection obligations – where Refugee Review Tribunal found that effective protection was and is available in third country – where Refugee Review Tribunal's finding of availability of effective protection included finding of practical capacity to bring about entry into third country - whether it is necessary for finding of availability of effective protection in third country that appellants have a 'legally enforceable' right to enter and reside in that third country. PRACTICE AND PROCEDURE – principles governing a Full Court declining to reconsider an earlier Full Court decision and following that decision.

Migration Act 1958 (Cth), ss 36(2), 36(3) Convention Relating to the Status of Refugees 1951, Articles 31, 32, 33 Al-Rahal v Minister for Immigration and Multicultural Affairs (2001) 184 ALR 698 followed Tharmalingam v Minister for Immigration and Multicultural Affairs [1999] FCA 1180 considered Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 followed Al-Zafiry v Minister for Immigration and Multicultural Affairs [1999] FCA 443 approved Al-Zafiry v Minister for Immigration and Multicultural Affairs [1999] FCA 1472; 58 ALD 663 followed Minister for Immigration and Multicultural Affairs v Al-Sallal (1999) 94 FCR 549 followed Minister for Immigration and Multicultural Affairs v Applicant C [2001] FCA 1332 considered R v Secretary of State for the Home Department; Ex parte Canbolat [1997] 1 WLR 1569 considered V872/00A, V900/00A, V854/00A, V856/00A, AND V903/00A v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS V876 of 2001, V877 of 2001, V878 of 2001, V879 of 2001 and V880 of 2001 BLACK CJ, HILL AND TAMBERLIN JJ 18 JUNE 2002 SYDNEY (HEARD IN MELBOURNE)