Minister for Immigration and Multicultural Affairs v WABQ [2002] FCAFC 329

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural Affairs v WABQ [2002] FCAFC 329 MIGRATION – appeal from decision of single Judge – applicant stateless Palestinian resident in Syria and registered with United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA) – whether applicant excluded from the general operation of the Convention relating to the Status of Refugees by Article 1(D) – construction of Article 1(D) – reference to historical background and international interpretations of Article 1(D) – Tribunal made incorrect findings of historical facts concerning UNRWA and the situation in Palestine – whether Court bound to accept Tribunal's findings – matter remitted to Tribunal for further consideration. WORDS & PHRASES – "persons receiving" – "at present" – "receiving" – "protection or assistance" - "protection or assistance ceased" – "ipso facto". Migration Act 1958 (Cth)s 476 Convention relating to the Status of Refugees 1951 Art 1(A)(2), 1(D) Applicant A v Minister for Immigration and Ethic Affairs (1996-7) 190 CLR 225 cited Morrison v Peacock [2002] HCA 44 applied Abou-Loughod v Minister for Immigration and Multicultural Affairs [2001] FCA 825 considered Kouraim v Minister for Immigration and Multicultural Affairs [2001] FCA 1824 considered Jaber v Minister for Immigration and Multicultural Affairs [2001] FCA 1878 considered Al-Khateeb v Minister for Immigration and Multicultural Affairs [2002] FCA 7 considered Black-Clawson International Ltd v Papierwerke Waldhof-Aschaffenburg AG [1975] AC 591 considered CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 cited Re Maurice's Application; Ex parte Attorney-General for the Northern Territory (1987) 18 FCR 163 cited Hathaway, "The Law of Refugee Status", 1991 Goodwin-Gill, "The Refugee in International Law" 2nd ed.1996 Akram & Goodwin-Gill, "Brief Amicus Curiae" Grahl-Madsen, "The Status of Refugees in International Law", Volume 1,1966 Takkenberg, "The Status of Palestinian Refugees in International Law", 1998