Minister for Immigration & Multicultural Affairs v Kabail [1999] FCA 344

FEDERAL COURT OF AUSTRALIA

Minister For Immigration & Multicultural Affairs v Kabail [1999] FCA 344

IMMIGRATION – application for review of decision of Refugee Review Tribunal – whether error of law– applicants members of minority group in Somalia – applicants found by Tribunal to have refugee status – whether Tribunal failed to consider if "effective protection" was available to respondents from a safe third country – Tribunal finding that applicants did not reside in Italy en route to Australia and did not seek to obtain any form of protection in that country – whether Tribunal finding sufficient for purposes of application of non‑refoulement provision– whether non‑refoulement provision only applies where an applicant has refugee status or "significant connection" with a safe third party country – whether evidence of opportunity to attain refugee status. Migration Act 1992 (Cth), s 36 Migration Regulations Sch 2 Pt 866 Convention on the Status of Refugees, Art 33 Minister for Immigration & Multicultural Affairs v Thiyagarajah (1997) 151 ALR 685, discussed Minister for Immigration and Multicultural Affairs v Prathapan (1998) 156 ALR 672, considered Rajendran v Minister for Immigration & Multicultural Affairs (unreported, Federal Court of Australia (von Doussa, O'Loughlin and Finn JJ), 4 September 1998), considered Rajendran v Minister for Immigration & Multicultural Affairs (unreported, Federal Court of Australia, Mansfield J, 4 May 1988), considered Gnanapiragasam v Minister for Immigration and Multicultural Affairs (unreported, Federal Court of Australia, Weinberg J, 25 September 1998), approved Bugdaycay v Secretary of State for the Home Department [1987] AC 514, considered R v Secretary of State for the Home Department; Ex parte Abdi [1996] 1 WLR 298, distinguished Collector of Customs v Pozzolamic Enterprises Pty Ltd (1993) 43 FCR 280, followed