Al-Rahal v Minister for Immigration & Multicultural Affairs [2001] FCA 1141

FEDERAL COURT OF AUSTRALIA

Al-Rahal v Minister for Immigration & Multicultural Affairs [2000] FCA 1141 MIGRATION - whether appellant is a person to whom Australia has protection obligations under the Refugee Convention – where appellant is a citizen of Iraq – where RRT found that appellant could re-enter Syria and remain there indefinitely with no threat of persecution – where RRT found that the risk the appellant would be deported by Syria was remote – application of Art 33 of Refugee Convention – existence of a "safe third country" – relevance of whether third country has undertaken to receive and protect the appellant – right of non-refoulement to certain places – whether person who may be expelled or returned to a third country where there is no threat to their life or freedom for a Convention reason is a person to whom Australia has "protection obligations" – whether essential to determine whether person concerned is a refugee before deciding whether Australia has protection obligations Migration Act 1958 (Cth) Border Protection Legislation Amendment Act 1999 (Cth) Immigration and Asylum Act 1999 (UK) Convention Relating to the Status of Refugees 1951 as amendedby the Protocol Relating to the Status of Refugees 1967 Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997-1998) 80 FCR 543 followed Minister for Immigration and Multicultural Affairs v Thiyagarajah (2000) 199 CLR 343 considered Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 353 cited Patto v Minister for Immigration and Multicultural Affairs [2000] FCA 1554 referred to Reg v Home Secretary; Ex parte Sivakumaran [1988] AC 958 referred to R v Secretary of State for Home Department; Ex parte Adan [2001] 1 All ER 593 cited R v Secretary of State for Home Department; Ex parte Bajram Zeqiri [2001] EWCA CIV 342 cited Minister for Immigration and Multicultural Affairs v Thiyagarajah (1998) 151 ALR 685 cited Reg v Secretary of State for the Home Department; Ex parte Onibiyo [1996] QB 768 considered Minister for Immigration and Multicultural Affairs v Al-Sallal (1999) 94 FCR 549 cited The Immigration and Asylum Act 1999: A Missed Opportunity? (2001) 64 (3) MLR 413 Hathaway The Law of Refugee Status (1991) Hailbronner K, The Concept of 'Safe Country' and Expeditious Asylum Procedures: A Western European Perspective 5 (1) IJRL (1993) 31 Goodwin-Gill G S, The Refugee in International Law, 2nd ed (1996) Dunstan R, Playing Human Pinball: The Amnesty International United Kingdom Section Report on UK Home Office 'Safe Third Country' Practice, 7 IJRL, (1995) 4, 606 Abbel N A, The Compatibility of Readmission Agreements with the 1951 Convention relating to the Status of Refugees, 11 (1) IJRL (1999) 60 Byrne R and Shacknove A "The Safe Third Country Notion in European Asylum Law", 9 Harvard Human Rights Journal 185 (1996) Achermann A and Gattiker M, Safe Third Countries: European Developments, 7 (1) IJRL (1995) 19 Marx R, Non-Refoulement, Access to Procedures, and Responsibility for Determining Refugee Claims, 7 (3) IJRL (1995) 383 Jackson D, Immigration Law and Practice (1996) Harvey C, Restructuring Asylum: Recent Trends in United Kingdom Asylum Law and Policy, 9 (1) IJRL (1997) 60 Nicholson F and Twomey P, Refugee Rights and Realities: Evolving International Concepts and Regimes, (1999) HAYDAN AL-RAHAL v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W138 OF 2000 SPENDER, LEE AND TAMBERLIN JJ BRISBANE (HEARD IN PERTH) 20 AUGUST 2001