Minister for Immigration & Multicultural Affairs v Prathapan, Nagaratnam [1998] FCA 955

FEDERAL COURT OF AUSTRALIA

MIGRATION – Refugees – Convention definition of "refugee" – refugee-claimant's inability, or, owing to well-founded fear of persecution for a Convention reason, unwillingness to avail self of protection of country of nationality – Sri Lankan national of Tamil ethnicity granted refugee status in France and, later, French nationality – alleged persecution in France by persons associated with Liberation Tigers of Tamil Eelam ("LTTE") – claim that French authorities unable to protect – unwillingness to rely on those authorities for fear of reprisals by LTTE – meaning of expression "is unable or, owing to such fear, is unwilling to avail himself of the protection of that country" in Convention definition – whether presumption that country of nationality offers effective protection – whether Tribunal had considered all evidence relevant to France's capacity to give effective protection in case of particular refugee-claimant.

Convention Relating to the Status of Refugees 1951, Art 1A

Re Attorney-General (Canada) and Ward; United Nations High Commissioner for Refugees (intervener) (1993) 103 DLR (4th) 1, applied

Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 151 ALR 685, applied

Australian Securities Commission v Marlborough Gold Mines Limited (1993) 177 CLR 485, referred to

Qantas Airways Limited v Cornwall (Unreported, FCA/FC, Burchett, Cooper and Finn JJ, 24 July 1998), referred to

Bank of Western Australia v Commissioner of Taxation (1994) 55 FCR 233, referred to

Ratnam v Minister for Immigration and Ethnic Affairs (1997) 47 ALD 203, considered

Minister for Immigration and Multicultural Affairs v A, B and C (Unreported, FCA/ RD Nicholson J, 9 April 1998, VG 335 of 1997), considered

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v NAGARATNAM PRATHAPAN