Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 1599

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration & Multicultural Affairs [ 1999[ FCA 1599 IMMIGRATION – meaning of non-political crime in Article 1F of the Refugees Convention – whether there were serious reasons for considering that appellant had committed serious non-political crime – appropriate test as to the meaning of "non-political" in Article 1F(b) – link between fulfilment of political purpose and crime – whether motive of revenge precludes crime from being political crime. WORDS AND PHRASES – meaning of "non-political crime". Migration Act 1958 (Cth) ss 36(2) and 500(1) Migration Regulationsreg 866.221 Extradition Act 1988 (Cth) s 7 Applicant A v Minister for Immigration & Ethnic Affairs (1997) 190 CLR 225 considered Dhayakpa v Minister for Immigration & Ethnic Affairs (1995) 62 FCR 556 considered T v Home Secretary [1996] AC 742 considered Re Gil and Minister of Employment and Immigration (1994) 119 DLR (4d) 497 applied Immigration and Naturalization Service v Aguirre-Aguirre (Supreme Court of the United States, 3 May 1999) considered S v Refugee Status Appeals Authority [1998] 2 NZLR 301 considered Prevato v The Governor, Metropolitan Remand Centre (1986) 8 FCR 358 considered R v Wilson; Ex parte Witness T (1976) 135 CLR 179 applied Todea v Minister for Immigration and Ethnic Affairs (1994) 20 AAR 470 considered R v Governor of Brixton Prison, Ex parte Schtraks [1964] AC 556 considered Re Hapugoda and Minister for Immigration and Multicultural Affairs (1997) 25 AAR 1 distinguished Bushell v Repatriation Commission (1992) 175 CLR 408 considered

DALJIT SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 13 OF 1999 MANSFIELD J ADELAIDE 19 NOVEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 13 of 1999

BETWEEN: DALJIT SINGH