Minister for Immigration & Multicultural Affairs v Savvin [2000] FCA 478

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Savvin [2000] FCA 478

MIGRATION – protection visa – stateless person – whether definition of "refugee" requires that stateless person be outside country of former habitual residence owing to well-founded fear of persecution for Convention reason – whether 1967 Refugees Protocol amends 1951 Refugees Convention – use of Refugee Handbook in construing Convention and Protocol – applicability to Refugees Convention and Protocol of Vienna Convention on the Law of Treaties – use of implementing legislation of party to Convention or Protocol to construe Convention or Protocol – whether Art 1A(2) of Convention to be construed in light of Arts 1A(1) or 33(1) of Convention

Migration Act 1958 (Cth), s 36 Immigration Act, RSC 1985, c I-2, s 2(1)

Adan v Secretary of State for the Home Department [1997] 1 WLR 1107, discussed Rishmawi v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 421, discussed Joyce v Director of Public Prosecutions [1946] AC 347, referred to Ex parte Lo Pak (1888) 9 NSWLR 221, referred to Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225, cited Adan v Secretary of State for the Home Department [1999] 1 AC 293, cited R v Chief Immigration Officer[,] Gatwick Airport[;] ex parte Harjendar Singh [1987] Imm AR 346, discussed President &c of the Shire of Charlton v Ruse (1912) 14 CLR 220, discussed Peter Pázmány University v Czechoslovakia (1933) Series A/B, No 61, p 208, discussed Re Collins; Ex parte Hockings (1989) 167 CLR 522, cited Hanlon v The Law Society [1981] AC 124, cited Chew v The Queen (1992) 173 CLR 626, cited Re Dingjan; Ex parte Wagner (1995) 183 CLR 323, cited Victrawl Pty Ltd v Telstra Corporation Ltd (1995) 183 CLR 595, cited Haris v Minister for Immigration and Multicultural Affairs (FCA: Moore J, unreported, 12 February 1998), discussed Al-Anezi v Minister for Immigration and Multicultural Affairs [1999] FCA 355 (Lehane J, unreported, 1 April 1999); [1999] FCA 556 (Lehane J, unreported, 5 May 1999), discussed Diatlov v Minister for Immigration and Multicultural Affairs (1999) 167 ALR 313, discussed Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, cited Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100, followed Morato v Minister for Immigration, Local Government and Ethnic Affairs (1992) 39 FCR 401, followed Rocklea Spinning Mills Pty Limited v Anti-Dumping Authority (1995) 56 FCR 406, followed James Hathaway, The Law of Refugee Status, Butterworths 1991 Frances Nicholson & Patrick Twomey ed, Refugee Rights and Realities, Cambridge University Press 1999 Office of the United Nations High Commissioner for Refugees, Handbook on Procedures and Criteria for Determining Refugee Status, 1992 Canadian Council for Refugees, Statelessness - Addressing the Issues, November 1996