Rezaei v Minister for Immigration and Multicultural Affairs [2001] FCA 1294

FEDERAL COURT OF AUSTRALIA

Rezaei v Minister for Immigration and Multicultural Affairs [2001] FCA 1294 MIGRATION – protection visas – application for review of a decision of a delegate of the Minister not to revoke cancellation of protection visas previously granted – cancellation on basis of voluntary re-availment of protection of and voluntary re-establishment in country of nationality – whether placement of protection visas in new passports of country of nationality was a relevant consideration for decision maker in circumstances – whether open to delegate to find cessation of refugee status – no error of law – application dismissed. MIGRATION – Refugees Convention – interpretation of provisions – role of UNHCR Handbook. MIGRATION – Refugees Convention – re-availment of protection and re-establishment – Articles 1C(1) and 1C(4) – interpretation. MIGRATION – protection visas – protection obligations owed to member of family unit of a person owed protection obligations – dependent nature of protection obligations – effect of cancellation of visa of primary applicant on visa of family unit member – no error of law – application dismissed. Migration Act 1958 (Cth) ss 36, 116, 118, 128, 129, 131, 140 Acts Interpretation Act 1901 (Cth) Migration Regulations 1984 subcl. 866 Convention relating to the Status of Refugees (1951) Articles 1C(1), 1C(4) Vienna Convention on the Law of Treaties (1969) Article 31 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 applied Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1990) 169 CLR 379 referred to R v Home Secretary; Ex parte Sivakumaran [1988] 1 AC 958 referred to A v Minister for Immigration and Multicultural Affairs [1999] FCA 227 referred to Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 29 applied Telstra Corporation Ltd v Seven Cable Television Pty Ltd (2000) 178 ALR 707 applied Paul v Minister for Immigration and Multicultural Affairs [2001] FCA 1196 referred to Applicant R v Minister for Immigration and Multicultural Affairs [2001] FCA 1304 referred to Awan v Minister for Immigration and Multicultural Affairs [2001] FCA 1036 referred to Ragunathan v Minister for Immigration and Multicultural Affairs [2001] FCA 1142 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Cheaib v Minister for Immigration and Multicultural Affairs (1997) 75 FCR 308 referred to Leon Fink Holdings Pty Ltd v Australian Film Commission (1979) 141 CLR 672 applied Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 referred to K & S Lake City Freighters Pty Ltd v Gordon & Gotch (1985) 157 CLR 309 referred to Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169CLR 594 referred to Grahl-Madsen The Status of Refugees in International Law (1966) vol 1 McNair The Law of Treaties (1961)ch XXIV Grahl-Madsen "Protection of Refugees by their Country of Origin" (1986) vol 11 (2) Yale J International Law 362, Weis "The Concept of the Refugee in International Law" (1960) Journal du Droit International 928 Goodwin-Gill The Refugee in International Law (Clarendon, 2nd ed, 1998) Hathaway The Law of Refugee Status (Butterworths, 1991) Zambelli The Refugee Convention (Carswell, 1999) Cartier, Hullmann and Galiano (eds) Who is a Refugee? A Comparative Case Law Study (Kluever, The Hague, 1997) Notes on the Cessation Clauses (Executive Committee of the High Commissioner's Programme, 8th meeting 30 May 1997) Weis (ed) The Refugee Convention, 1951 (travaux préparatoires, Cambridge University Press, 1995) Pearce and Geddes Statutory Interpretation in Australia (4th ed) Bennion Statutory Interpretation (3rd ed)