Al-Zafiry v Minister for Immigration & Multicultural Affairs [1999] FCA 1472

FEDERAL COURT OF AUSTRALIA

Al-Zafiry v Minister for Immigration & Multicultural Affairs [1999]

FCA 1472

IMMIGRATION – appeal from Refugee Review Tribunal – application for protection visa – respondent stateless Bedoon born in Kuwait – subsequent move to Saudi Arabia and later to Jordan – Jordan not a party to Refugees Convention – whether open to Tribunal to find "effective protection" in Jordan against refoulement to Saudi Arabia or Kuwait

Migration Act 1958 (Cth) ss 420(2)(b), 476(1)A Convention Relating to the Status of Refugees 1951 as amended by the 1967 Protocol, Arts 1A(2), 33 Minister for Immigration and Multicultural Affairs v Al-Sallal [1999] FCA 1332 followed Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 cited Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 discussed X v Minister for Immigration and Multicultural Affairs [1999] FCA 697 (Hill, Whitlam and Kiefel JJ) cited Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719 (Sackville, North and Kenny JJ) mentioned

SALEH SAFAQ SAYAH AL-ZAFIRY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 308 of 1999 HEEREY, CARR and TAMBERLIN JJ 29 OCTOBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 308 OF 1999

BETWEEN: SALEH SAFAQ SAYAH AL-ZAFIRY

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: HEEREY, CARR and TAMBERLIN JJ

DATE OF ORDER: 29 OCTOBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The appeal is dismissed with costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 308 OF 1999