Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SRYYY v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1588
MIGRATION – Article 1F of Refugees Convention – war crime – crime against humanity – whether Administrative Appeals Tribunal's decision that applicant for protection visa not entitled to protection of Refugees Convention by reason of operation of Art 1F involved error of law – whether there were serious reasons for considering that applicant had committed a war crime or a crime against humanity – duress – obedience to superior orders – whether applicant retained moral responsibility for his actions.
Rome Statute of the International Criminal Court Arts 7, 8 Re W97/164 and Minister for Immigration and Multicultural Affairs (1998) 51 ALD 432 cited Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 cited Narain v Parnell (1986) 9 FCR 479 cited NANO v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 205 cited
SRYYY v MINISTER FOR IMMIGRATION & MULTICULTURAL
& INDIGENOUS AFFAIRS N 1538 of 2003 LINDGREN J 19 DECEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1538 OF 2003
BETWEEN: SRYYY
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 19 DECEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed as incompetent. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1538 OF 2003
BETWEEN: SRYYY
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
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