Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Al-Sallal [1999]
FCA 1332 IMMIGRATION – appeal from Refugee Review Tribunal – application for protection visa – respondent stateless Bedoon born in Kuwait – subsequent move to Iraq and later to Jordan – Jordan not a party to Refugees Convention – whether open to Tribunal to find "effective protection" in Jordan against refoulement to Iraq or Kuwait Migration Act 1958 (Cth) ss 36(2), 65, 476(1)(e) Migration Regulations 1958 (Cth) Sch 2 Pt 866 Convention Relating to the Status of Refugees 1951 as amended by the 1967 Protocol, Arts 1A(2), 1E, 33
Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 discussed R v Secretary of State for the Home Department; ex parte Sivakumaran [1988] AC 958 discussed Rajendran v Minister for Immigration and Multicultural Affairs (von Doussa, O'Loughlin and Finn JJ, 4 September 1998, unreported) discussed Minister for Immigration and Multicultural Affairs v Gnanapiragasam (Weinberg J, 25 September 1998, unreported) discussed Gala v Preston (1991) 172 CLR 243 at 284 applied Al-Zafiry v Minister for Immigration and Multicultural Affairs [1999] FCA 443 applied R v Secretary of State for the Home Department; ex parte Adan (23 July 1999, unreported) discussed Minister for Immigration and Ethnic Affairs v Guo (1997) 144 ALR 567 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Shayea Rahaq Al-Anezi v Minister for Immigration and Multicultural Affairs [1999] FCA 355 cited
Cross and Harris Precedents in English Law 4th ed 1991 MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v MOHAMAD ABDULAH AL-SALLAL N 369 OF 1999
HEEREY, CARR AND TAMBERLIN JJ 29 OCTOBER 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 369 OF 1999
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