Thiagarajah, Gnanapiragasam v Minister for Immigration & Multicultural Affairs [1998] FCA 1213

FEDERAL COURT OF AUSTRALIA

MIGRATION – application for protection visa – respondents of Sri Lankan origin – respondents granted permanent resident status in Germany before entering Australia – uncertainty as to respondents' claim to refugee status in Germany – failure of RRT to address Art 33 – whether protection obligations owed by Australia to respondents – whether "effective protection" available to respondents in Germany – whether Germany "safe third country". Migration Act 1958, ss 36, 65, 476(1) Convention Relating to the Status of Refugees 1951, Arts 1A(2), 1E, 33 Migration (1994) Regulations, Sch 2, Part 866 Thiyagarajah v Minister for Immigration and Multicultural Affairs (1997) 73 FCR 176 Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 151 ALR 685 Nguyen Tuan Cuong v. Director of Immigration [1997] 1 WLR 68 Bugdaycay v Secretary of State for the Home Department [1987] AC 514 Rajendran v Minister for Immigration and Multicultural Affairs (unreported, Federal Court, Mansfield J, 4 May 1998) Rajendran v Minister for Immigration and Multicultural Affairs (unreported, Full Court, Federal Court, 4 September 1998) Barzideh v Minister for Immigration and Ethnic Affairs (1996) 69 FCR 417 Servos v Repatriation Commission (1995) 56 FCR 377

Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 124 ALR 265 MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v THIAGARAJAH GNANAPIRAGASAM & ORS VG 61 OF 1998 WEINBERG J

MELBOURNE 25 SEPTEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 61 of 1998

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Applicant

AND: THIAGARAJAH GNANAPIRAGASAM

First Respondent

PATHMADEVI GNANAPIRAGASAM

Second Respondent