A v Minister for Immigration & Multicultural Affairs [1999] FCA 116

FEDERAL COURT OF AUSTRALIA

A v Minister for Immigration & Multicultural Affairs [1999] FCA116 ADMINISTRATIVE LAW – immigration law – grant of protection visa – whether person of dual nationality unable to find protection in second state of nationality because of their fear of persecution – question of level of protection available in second state – decision of Refugee Review Tribunal that unreasonable for applicant to relocate to second state – whether express finding on the question of effectiveness of protection necessary or implicit in Tribunal's reasons. Migration Act 1958 (Cth) s 29, s 36 Migration Regulations Convention Relating to the Status of Refugees 1984 Hathaway – The Law of Refugee Status (Torronto: Butterworths, 1991)

Jong Kim Koe v Minister for Immigration and Multicultural Affairs (1997) 143 ALR 695 referred to Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 referred to Prathapan v Minister for Immigration and Multicultural Affairs (1997) 47 ALD 41 cited Canada (Attorney-General) v Ward (1993) 103 DLR 1 cited Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 151 ALR 685 cited Rajendran v Minister for Immigration and Multicultural Affairs (unrep. Fed Court, Full Court, No. 1085 of 1998, 4 October 1998) cited Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 referred to A, B AND C v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 182 OF 1998 FRENCH, MERKEL AND FINKELSTEIN JJ 23 FEBRUARY 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 182 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: A, B AND C

Appellants

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent