Applicant NADB of 2001 v Minister for Immigration & Multicultural Affairs [2002] FCAFC 326

FEDERAL COURT OF AUSTRALIA

Applicant NADB of 2001 v Minister for Immigration & Multicultural Affairs [2002] FCAFC 326

MIGRATION – refugees – exclusion from the Refugees Convention – whether consideration of a "serious non-political crime" for the purposes of Art 1F(b) of the Convention requires balancing the gravity of the crime against the gravity of the persecution feared – whether Art 1F(b) only applies to a person who has been found to be a refugee

Migration Act 1958 (Cth) ss 500(1) and 500(4)

Convention relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol relating to the Status of Refugees done at New York on 31 January 1967 Art 1F(b)

Daher v Minister for Immigration and Ethnic Affairs (1997) 77 FCR 107 - cited Minister for Immigration and Multicultural Affairs v Singh (2002) 186 ALR 393 - applied Pushpanathan v Canada (Minister of Citizenship and Immigration) [1998] 1 S.C.R. 982 - cited Dhayakpa v Minister for Immigration and Ethnic Affairs (1995) 62 FCR 556 - approved Ovcharuk v Minister for Immigration and Multicultural Affairs (1998) 88 FCR 173 - considered T v Secretary of State for the Home Department (1995) 1 WLR 545 - cited T v Home Secretary (1996) AC 742 - cited Immigration and Naturalization Service, Petitioner v Juan Anibal Aguirre-Aguirre 526 US 415 (1999) - considered S v Refugee Status Appeals Authority [1998] 2 NZLR 291 - considered Gonzalez v Canada (Minister of Employment and Immigration (1994) 115 DLR (4th) 403 - cited Gill v Canada (Minister of Employment and Immigration) (1994) 119 DLR (4th) 497 - cited APPLICANT NADB OF 2001 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 251 OF 2002 MADGWICK, MERKEL AND CONTI JJ 31 OCTOBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N251 OF 2002