NAGV v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 144

FEDERAL COURT OF AUSTRALIA

NAGV v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 144

MIGRATION – protection visa – doctrine of effective protection – where right to immigrate to Israel under Israeli Law of Return – where appellants had not been and did not wish to go to Israel – whether appellants persons to whom Australia owes protection obligations

PRACTICE & PROCEDURE – precedent – whether Full Court should follow previous decision of Full Court – where previous decision founded line of jurisprudence – where reasoning in previous decision defective

WORDS & PHRASES – 'protection obligations'

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 29, 30, 31, 36, 45, 47, 65, 91M, 91Q, 474, subdiv AK Racial Discrimination Act 1975 (Cth) Law of Return (Israel) pars 1, 3 Convention Relating to the Status of Refugees Articles 1, 3, 4, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 42 Protocol Relating to the Status of Refugees Art VII

Al-Rahal v Minister for Immigration and Multicultural Affairs (2001) 110 FCR 73 considered Al Toubi v Minister for Immigration and Multicultural Affairs [2001] FCA 1391 cited Coldham, R v; Ex parte Australian Workers' Union (1983) 153 CLR 415 cited Craig v State of South Australia (1995) 184 CLR 163 cited Immigration and Multicultural Affairs, Minister for v Al-Sallal (1999) 94 FCR 549 considered Immigration and Multicultural Affairs, Minister for v Applicant C (2001) 116 FCR 154 considered Immigration and Multicultural Affairs, Minister for v Kandasamy [2000] FCA 67 cited Immigration and Multicultural Affairs, Minister for v Sameh [2000] FCA 578 cited Immigration and Multicultural Affairs, Minister for v Thiyagarajah (1997) 80 FCR 543 disapproved Hickman, R v; Ex parte Fox and Clinton (1945) 70 CLR 598 cited John v Federal Commissioner of Taxation (1999) 166 CLR 417 cited Koulaxazov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 75 cited NAEN v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 216 cited NAGV of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1456 affirmed Nguyen v Nguyen (1990) 169 CLR 245 cited Odhiambo v Minister for Immigration and Multicultural Affairs [2002] FCAFC 194 cited Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 followed Rajendran v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 526 cited Sivasubramanian v Minister for Immigration and Multicultural Affairs [2002] FCAFC 98 cited Transurban City Link Ltd v Allan (1999) 95 FCR 553 cited V872/00A v Minister for Immigration and Multicultural Affairs (2002) 190 ALR 268 cited NAGV AND NAGW OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N1332 OF 2002 FINN, EMMETT & CONTI JJ 27 JUNE 2003 SYDNEY