Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 1125

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 1125

MIGRATION - judicial review under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) of a decision of the Tribunal to affirm a decision of a delegate of the Minister not to grant the appellant a protection visa - whether the appellant was excluded from the Convention definition of "refugee" by Art 1F(b) because there were serious reasons for considering that he had committed a "serious non-political crime" outside Australia prior to his arrival - factors which must be taken into account in determining whether a crime is "non-political" - whether a crime may only be characterised as "political" if the motive of the criminal is purely political - whether a crime which can be characterised as a crime of revenge is necessarily "non-political" 1951 Convention Relating To The Status of Refugees, Art 1F(b) R v Governor of Pentonville Prison, Ex Parte Cheng [1973] AC 931, referred to Prevato v Governor, Metropolitan Remand Centre (1986) 8 FCR 358, referred to Gil v Canada (Minister of Employment and Immigration) [1994] FCJ 1559, referred to T v Home Secretary [1996] AC 742, referred to Immigration and Naturalization Service v Aguirre-Aguirre (Supreme Court of the United States, 3 May 1999, case number 97-1754), referred to Goodwin-Gill, The Refugee in International Law, 2nd ed 1996, referred to DALJIT SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 98 OF 1999 RYAN, BRANSON AND LEHANE JJ 15 AUGUST 2000 SYDNEY (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 98 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: DALJIT SINGH

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS