NAFG v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 152

FEDERAL COURT OF AUSTRALIA

NAFG v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 152 MIGRATION – where Refugee Review Tribunal found applicant had right to reside in, enter and re-enter third country – whether decision involved jurisdictional error

MIGRATION – Refugees Convention – nature and existence of protection obligations – "safe third country" – right to re-enter – refoulement – whether Australia has "protection obligations" to applicant for refugee status who has "effective protection" in a third country

Migration Act 1958 (Cth) ss 36, 474 Judiciary Act 1903 (Cth) s 39B Convention Relating to the Status of Refugees 1951, as amended by the Protocol Relating to the Status of Refugees 1967 art 33 Al-Rahal v Minister for Immigration & Multicultural Affairs (2001) 110 FCR 73 followed Anavaratham v Minister for Immigration and Multicultural Affairs [2001] FCA 903 applied Anavaratham v Minister for Immigration and Multicultural Affairs [2002] FCAFC 22 applied Craig v South Australia (1995) 184 CLR 163 cited Kola v Minister for Immigration and Multicultural Affairs (2002) 120 FCR 170 considered Minister for Immigration & Multicultural Affairs v Applicant C (2001) 116 FCR 154 cited Minister for Immigration & Multicultural Affairs v Gnanapiragasam (1998) 88 FCR 1 cited Minister for Immigration & Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 applied but doubted Minister for Immigration & Multicultural Affairs v Thiyagarajah (2000) 199 CLR 343 referred to Minister for Immigration & Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited NAAV v Minister for Immigration and Multicultural and Indigenous Affairs (2002) ALR 449 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 cited NAGV v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 144 considered Patto v Minister for Immigration & Multicultural Affairs (2000) 106 FCR 119 cited Plaintiffs S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 cited Rajendran v Minister for Immigration & Multicultural Affairs (1998) 86 FCR 526 followed Suntharajah v Minister for Immigration & Multicultural Affairs [2001] FCA 1391 cited V856/00A v Minister for Immigration and Multicultural Affairs (2001) 114 FCR 408 considered V872/00A v Minister for Immigration & Multicultural Affairs (2002) 190 ALR 268 followed NAFG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1057 OF 2002 GRAY, RYAN AND GYLES JJ SYDNEY 17 JULY 2003