Al-Anezi v Minister for Immigration & Multicultural Affairs [1999] FCA 355

FEDERAL COURT OF AUSTRALIA

Al-Anezi v Minister for Immigration & Multicultural Affairs [1999] FCA 355 MIGRATION – judicial review of decision of Refugee Review Tribunal refusing applicant protection visa – applicant of no nationality but had resided in three countries – Tribunal found applicant a refugee in relation to one only of those countries – Tribunal found other two countries were countries of "former habitual residence" of applicant – error of law – whether person may have more than one country of "former habitual residence" – whether applicant a "refugee" – "effective protection" – error of law – whether Tribunal considered particular circumstances of applicant WORDS AND PHRASES – "refugee" – "protection obligations" – "effective protection" - "country of former habitual residence" Migration Act 1958 (Cth) ss 36(2), 476(1)(a), 476(1)(e), 476(1)(g), 476(4)(a) Convention Relating to the Status of Refugees 1951 Art 1 and Art 33 Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 applied Rajendran v Minister for Immigration and Multicultural Affairs (Federal Court of Australia, Mansfield J, 4 May 1998, unreported) applied Rajendran v Minister for Immigration and Multicultural Affairs (Federal Court of Australia, von Doussa, O'Loughlin and Finn JJ, 4 September 1998, unreported) applied Minister for Immigration and Multicultural Affairs v Gnanapiragasam (Federal Court of Australia, Weinberg J, 25 September 1998, unreported) applied Rishmawi v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 421 applied Tjhe Kwet Koe v Minister for Immigration and Ethnic Affairs (1997) 78 FCR 289 cited Maarouf v Minister of Employment and Immigration (1993) 23 Imm LR (2d) 163 cited Jong Kim Koe v Minister for Immigration and Multicultural Affairs (1997) 74 FCR 508 cited Saket v Minister for Immigration and Multicultural Affairs [1999] FCA 301 distinguished