Minister for Immigration & Multicultural Affairs v Yasouie [2001] FCA 1133

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Yasouie [2001]

FCA 1133

MIGRATION – application for review of decision of Refugee Review Tribunal – Tribunal found Australia owed protection obligations to respondents – respondents considered refugees by third country (Germany) where they were entitled to reside and were protected from refoulement – whether refoulement to third country would breach Article 33(1) of the 1951 Convention Relating to the Status of Refugees – whether effective protection available to respondents in third country – consideration of requirements for the existence of effective protection – relationship between Articles 1E and 33(1) of the Convention considered

1951 Convention Relating to the Status of Refugees articles 1A(2) and 33(1)

Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 discussed

Minister for Immigration and Multicultural Affairs v Prathapan (1998) 86 FCR 95 discussed

Minister for Immigration and Multicultural affairs v Tas [2000] FCA 1657 discussed

Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 179 ALR 238 considered

Horvath v Secretary of State for the Home Department [2000] 3 WLR 379 considered

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v KHOSRO YASOUIE and REGINA ISSAVIAN

N 703 of 2000

HILL J 17 AUGUST 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 703 OF 2000

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

APPLICANT

AND: KHOSRO YASOUIE

FIRST RESPONDENT

REGINA ISSAVIAN

SECOND RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 17 AUGUST 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal be set aside. 2. The matter be remitted to a differently constituted Tribunal for decision in accordance with law. 3. The respondents pay the Minister's costs of the application.