Minister for Immigration & Multicultural Affairs v Sameh [2000] FCA 578

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Sameh [2000] FCA 578

MIGRATION – application for protection visa – visa applicant without nationality – application of Article 33 of Refugees Convention – visa applicant had not been accorded effective protection in the country of former habitual residence – whether visa applicant had been accorded effective protection in a third country and is able to return to third country – whether Refugee Review Tribunal failed to comply with s 430 of Migration Act 1958 (Cth) – extent of obligation imposed by s 430 – whether failure to comply with s 430 gave rise to ground of review under s 476(1)(a) of Act.

MIGRATION - application for protection visa – visa applicant without nationality – application of Article 33 of Refugees Convention – visa applicant had not been accorded effective protection in the country of former habitual residence – whether visa applicant had been accorded effective protection in a third country and is able to return to third country – whether Tribunal failed to address factual question necessary to determine if visa applicant had effective protection in third country – whether failure to do so constituted error of law under s 476(1)(e) of Act.

Migration Act 1958 (Cth) ss 36(2), 430, 430(1)(a), 476(1), 476(1)(a), 476(1)(d), 476 (1)(e), 476(3)(d), 476 (3)(e), Pt 7 Div 4

Minister for Immigration & Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 applied Rajendran v Minister for Immigration and Multicultural Affairs (von Doussa, O'Loughlin & Finn JJ, 4 September 1998, unreported) applied Minister for Immigration and Multicultural Affairs v Thiyagarajah [2000] HCA 9 applied Al-Sallal v Minister for Immigration and Multicultural Affairs [1999] FCA 369 applied Minister for Immigration and Multicultural Affairs v Al-Sallal [1999] FCA 1332 applied Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 24 applied Logenthiran v Minister for Immigration and Multicultural Affairs (1998) 56 ALD 639 applied Thevendram v Minister for Immigration and Multicultural Affairs [1999] FCA 182 applied Ahmed v Minister for Immigration and Multicultural Affairs [1999] FCA 811 applied Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940 applied Sivaram v Minister for Immigration and Multicultural Affairs [1999] FCA 1740 applied Minister for Immigration & Multicultural Affairs v Yusuf [1999] FCA 1681 applied Minister for Immigration and Multicultural Affairs v Israelian [1999] FCA 649 applied Xu v Minister for Immigration and Multicultural Affairs [1999] FCA 1741 applied Montes-Granados v Minister for Immigration and Multicultural Affairs [2000] FCA 60 considered Minister for Immigration and Ethnic Affairs v Prathapan (1998) 86 FCR 95 considered Re The Minister for Immigration and Multicultural Affairs, ex parte Durairajasingham [2000] HCA 1 applied Applicant A v Minister for Immigration and Ethnic Affairs (1996-97) 190 CLR 225 considered Koe v Minister for Immigration & Multicultural Affairs (1997) 74 FCR 508 applied Thevendram v Minister for Immigration and Multicultural Affairs [1999] FCA 182 considered Sellamuthu v Minister for Immigration & Multicultural Affairs [1999] FCA 247 considered Pettit v Dunkley [1971] 1 NSWLR 376 referred to Collins v Repatriation Commission (1980) 48 FLR 198 referred to Dornan v Riordan (1990) 24 FCR 564 referred to Davies v Australian Securities Commission (1995) 59 FCR 221 referred to Copperart Pty Ltd v Federal Commissioner of Taxation (1993) 26 ATR 327 referred to