Jaber v Minister for Immigration and Multicultural Affairs [2001] FCA 1878

FEDERAL COURT OF AUSTRALIA

Jaber v Minister for Immigration and Multicultural Affairs

[2001] FCA 1878

MIGRATION – refugee – refusal of protection visa – application for review of decision of Refugee Review Tribunal – stateless Palestinian resident in Syria – registered with the United Nations Relief and Works Agency – whether "at present receiving … protection or assistance" from UNRWA within the meaning of Article 1(D) of the Refugees' Convention – whether exclusion worked by first paragraph of Article 1(D) continues to apply to an applicant outside the area of protection provided by UNRWA – whether the circumstances described in the second paragraph of Article 1(D) give rise to the person concerned automatically qualifying as a refugee regardless of whether he or she has a well-founded fear of persecution.

Migration Act 1958 (Cth), s 36(2) Migration Regulations, reg. 2.03, Schedule 2 Item 785, 866

Minister for Immigration and Multicultural Affairs v Savvin [2000] FCA 478 referred to Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 applied Abou Loughod v Minister for Immigration and Multicultural Affairs [2001] FCA 825 not followed Minister for Immigration and Multicultural Affairs v Quiader [2001] FCA 1458 followed Goodwin-Gill "The Refugee in International Law" (2 ed), 92 Grahl-Madsen "The Status of Refugees in International Law" 1966 Vol 1, 141 Hathaway "The Law of Refugee Status", 208

NEZAR MOHAMED ADEL JABER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 428 of 2001 CARR J 20 DECEMBER 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 428 OF 2001

BETWEEN: NEZAR MOHAMED ADEL JABER

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J