Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Al Toubi v Minister for Immigration & Multicultural Affairs [2001] FCA 1381
MIGRATION – visa – protection visa – safe third country – well-founded fear of persecution in Iraq – applicant previously resident in Syria – whether Syria a safe third country – applicant without a passport – whether RRT failed to consider evidence that Syria would not accept non-Syrian returned from Australia – finding that Syria would deport Iraqi if guilty of a criminal offence or if a security risk – whether RRT bound to hold Syria not a safe third country – individual nature of test
Migration Act 1958 (Cth) ss 5(1), 36, 430(1)(c), 430(1)(d), 476(1)(a), 476(1)(e), 476(1)(g), Sch 1 Pt 6 Border Protection Legislation Amendment Act 1999 (Cth) Sch 1, item 70
Minister for Immigration & Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 cited Rajendran v Minister for Immigration & Multicultural Affairs (1998) 86 FCR 526 cited Minister for Immigration & Multicultural Affairs v Al-Sallal [1999] FCA 1332 cited Al-Rahal v Minister for Immigration & Multicultural Affairs [2001] FCA 1141 cited Minister for Immigration and Multicultural Affairs v Yasouie [2001] FCA 113 cited Minister for Immigration & Multicultural Affairs v Sameh [2000] FCA 578 considered Minister for Immigration & Multicultural Affairs v Yusuf [2001] HCA 30 (2001) 180 ALR 1 considered Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1 (2000) 168 ALR 407 cited SHAKIR AZIZ AL TOUBI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 102 of 2001 GRAY, HILL AND MOORE JJ 28 SEPTEMBER 2001 MELBOURNE (HEARD IN PERTH)
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 102 of 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: SHAKIR AZIZ AL TOUBI
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