Diatlov v Minister for Immigration & Multicultural Affairs [1999] FCA 468

FEDERAL COURT OF AUSTRALIA

Diatlov v Minister for Immigration & Multicultural Affairs [1999] FCA 468 MIGRATION – application for protection visa – whether stateless applicant must be outside country of former habitual residence as a result of persecution for a Convention reason, or whether statelessness alone amounts to refugee status – whether Refugee Review Tribunal failed to make findings on material questions of fact, or to refer to the evidence on which findings of fact were based – Migration Act 1958 (Cth), ss 430(1)(c), 430(1)(d)

Migration Act 1958 (Cth), ss 430(1)(c), 430(1)(d) Federal Court Rules, O 80, r 4 Convention Relating to the Status of Refugees, Art 1A(2) Vienna Convention on the Law of Treaties, Art 31 Convention Relating to the Status of Stateless Persons, Arts 3, 4, 7, 13, 15-20, 22, 26, 27, 28, 31 De Silva v Minister for Immigration and Multicultural Affairs [1999] FCA 1074, cited Rishmawi v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 421, followed Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225, cited Haris v Minister for Immigration and Multicultural Affairs, unreported, Federal Court of Australia, 12 February 1998, discussed Bank of Western Australia Ltd v Federal Commissioner of Taxation (1994) 55 FCR 233, cited Al-Anezi v Minister for Immigration and Multicultural Affairs [1999] FCA 355, cited Adan v Secretary of State for the Home Department [1997] 1 WLR 1107, not followed Adan v Secretary of State for the Home Department [1999] 1 AC 293, considered Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100, cited Savvin v Minister for Immigration and Multicultural Affairs [1999] FCA 1265, not followed Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, cited Singh v Minister for Immigration and Multicultural Affairs [1999] FCA 1126, cited J C Hathaway, The Law of Refugee Status (1991)