Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Farahanipour
[2001] FCA 82
MIGRATION – definition of "refugee" – refugee sur place – whether fear well-founded when sole ground for apprehension based on self-generated conduct in country of residence – conflicting Full Court decisions – one decision favouring constructional approach implying good faith condition – later decision to the contrary – whether primary judge in error in following most recent Full Court decision
WORDS AND PHRASES – meaning of word "pretext"
Migration Act 1958 (Cth) s 476(1)(e)
1951 United Nations Convention Relating to the Status of Refugees, Art.1A and Protocol
UNHCR Handbook on Procedures and Criteria for Determining Refugee Status (1979)
New Shorter Oxford English Dictionary
The Macquarie Dictionary
A Grahl-Madsen, The Status of Refugees and International Law (1966), Vol 1
Cambridge International Documents Series, Vol 7
Minister for Immigration and Multicultural Affairs v Mohammed (2000) 98 FCR 405, followed Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100, distinguished
Heshmati v The Minister for Immigration, Local Government & Ethnic Affairs (Federal Court of Australia, Lockhart J, 22 November 1990, unreported), referred to Minister for Immigration and Multicultural Affairs v Prathapan (1998) 86 FCR 95, applied Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485, applied Qantas Airways Ltd v Cornwall (1998) 84 FCR 483, applied Bank of Western Australia v Commissioner of Taxation (1994) 55 FCR 233, applied Danian v Secretary of State for the Home Department [2000] Imm A.R 96, followed Bastanipour v Immigration & Naturalization Service (1992) 980 F 2d 1129, referred to Secretary of State for the Home Department v Ahmed [2000] 1 NLW 1, referred to Wang v Minister for Immigration and Multicultural Affairs (unreported [2000] FCA 1599), referred to Omar v Minister for Immigration and Multicultural Affairs [2000] FCA 1430, followed Iftikhar Ahmed v Secretary of State for the Home Department [2000] 1 NLR 1, referred to
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