Ovcharuk, Igor v Minister for Immigration & Multicultural Affairs [1998] FCA 1314

FEDERAL COURT OF AUSTRALIA

IMMIGRATION – Migration Act 1958 (Cth) - Convention relating to the Status of Refugees, article 1F(b)– whether the appellant disentitled to a protection visa - whether article 1F(b) applies only to "fugitives from justice" - whether article 1F(b) applies to a crime committed (at least in part) or continued in the country of refuge – whether article 1F(b) applies to a crime which could or has been adjudicated in the country of refuge – whether article 1F(b) applies only to conduct that is rendered criminal by the law of the place where it was committed – whether the respondent relying on article 1F(b) must identify with precision and particularity the relevant "serious non-political crime" which was committed outside Australia . STATUTES – Vienna Convention on the Law of Treaties – interpretation of the Refugees Convention – proper approach to the interpretation of the international conventions – circumstances in which supplementary means of interpretation ought to be considered – use of the travaux preparatoires­ Migration Act 1958 (Cth), s 476 Customs Act 1901 (Cth), s 233B(1)

Convention relating to the Status of Refugees, arts 1A(2), 1F(b)

Vienna Convention on the Law of Treaties, arts 31,32,33

Constitution of the International Refugee Organisation

Universal Declaration of Human Rights Statute of the Office of the United Nations High Commissioner for Refugees Dhayakpa v Minister for Immigration and Ethnic Affairs (1995) 62 FCR 556, followed Kamara v Director of Public Prosecutions [1974] AC 104, cited Gerakiteys v The Queen (1984) 153 CLR 317 at 327, cited Savvas v The Queen (1995) 183 CLR 1, cited Canada (Attorney-General) v Ward [1993] 2 SCR 689 Pushpanathan v Canada (Minister of Citizenship and Immigration) (Supreme Court of Canada unreported, 4 June 1998), cited Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225, applied R v Fan (1991) 24 NSWLR 60, cited Golder v United Kingdom (1975) 1 EHRR 524, cited Adan v Secretary of State for the Home Department [1998] 2 WLR 702, cited T v Immigration Officer [1996] AC 742, cited Liangsiriprasert v Government of the United States [1991] 1 AC 225, cited