Rajendran, Karthigesu v The Minister for Immigration & Multicultural Affairs [1998] FCA 464

FEDERAL COURT OF AUSTRALIA IMMIGRATION - application for protection visa - applicant of Sri Lankan origin - applicant held permanent residence permit in New Zealand and came to Australia from New Zealand - nature and extent of applicant's status and rights in New Zealand - whether Australia had protection obligations to applicant under Art 33 Refugees Convention in light of that status and those rights - whether risk of refoulement contrary to Art 33 if applicant returned to New Zealand - whether absence of recognition of applicant by New Zealand as 'refugee' under Convention significant - whether in circumstances necessary to address definition of 'refugee' under Art 1 - consideration of relationship between Arts 1 and 33. IMMIGRATION - application for protection visa - applicant of Sri Lankan origin - applicant held permanent residence permit in New Zealand and came to Australia from New Zealand - whether applicant had rights and obligations which are attached to New Zealand nationality - significance of absence of 'guarantee' that New Zealand would not return applicant to Sri Lanka - whether applicant excluded from definition of "refugee" by Art 1E of Convention - whether necessary for Refugee Review Tribunal to have considered whether applicant had well founded fear of persecution if he were returned to Sri Lanka. Migration Act 1958 s 36(2) Migration Regulations Sch 2 Pt 866 Nagalingam v Minister for Immigration, Local Government and Ethnic Affairs (1992) 38 FCR 191, considered Barzideh v Minister for Immigration and Ethnic Affairs (1996) 69 FCR 417, applied Thiyagarajah v Minister for Immigration and Multicultural Affairs (1997) 73 FCR 176, considered Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 151 ALR 685, considered and applied KARTHIGESU RAJENDRAN v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS SG 24 of 1997 MANSFIELD J ADELAIDE 4 MAY 1998