Betkhoshabeh v Minister for Immigration & Multicultural Affairs [1999] FCA 16

FEDERAL COURT OF AUSTRALIA

Betkhoshabeh v Minister for Immigration & Multicultural Affairs [1999] FCA 16

ADMINISTRATIVE LAW – deportation – deportation of a refugee – whether the Administrative Appeals Tribunal erred in law in holding that Article 33(1) of the Convention relating to the Status of Refugees 1951 did not apply to the applicant – whether entitlement to Article 33 of the Convention remains irrespective of whether the persecution likely to be suffered is prompted by a matter extraneous to a Convention based reason – whether the Administrative Appeals Tribunal erred in law in its approach to Article 33(2) of the Convention – what constitutes "particularly serious crime"

WORDS AND PHRASES – "particularly serious crime"

Migration Act 1958 (Cth) ss 200, 201

Betkoshabeh v Minister for Immigration & Multicultural Affairs (1998)157 ALR 95 followed Minister for Immigration & Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 considered Prasad v Minister for Immigration & Ethnic Affairs (1985) 6 FCR 155 cited Luu v Minister for Immigration & Multicultural Affairs (1998) 157 ALR 213 cited Omar v Department of Immigration & Multicultural Affairs (1997) 48 ALD 607 followed

VILPERIT BETKHOSHABEH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

VG 640 OF 1998

MARSHALL J

15 JANUARY 1999

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 640 OF 1998

BETWEEN: VILPERIT BETKHOSHABEH

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 15 JANUARY 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicant's notice of motion dated 17 December 1998 be dismissed.

2. The appeal be allowed.

3. The matter be remitted to a differently constituted Administrative Appeals Tribunal to be heard and determined according to law.