NAPI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 57

FEDERAL COURT OF AUSTRALIA

NAPI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 57 MIGRATION - Appeal from Refugee Review Tribunal - applications for protection visas - applicants of Jewish ethnicity - applicants recognised as having a well-founded fear of persecution in Russia for Convention reasons - application of Convention - scope and application of Art 33 of Convention - doctrine of effective protection - right of applicants to enter and reside in a third country - where right to immigrate to Israel under Israeli Law of Return - where applicants had not been and did not wish to go to Israel - scope of Australia's protection obligations DISCRIMINATION LAW - finding that Israel´s Law of Return means that a genuine refugee is not owed protection obligations under the Convention - Israel's Law of Return not inherently discriminatory on the basis of race or ethnic origin - Israel's Law of Return not to be considered against the Racial Discrimination Act 1975 (Cth) Migration Act 1958 (Cth) Racial Discrimination Act 1975 (Cth) Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 approved NAGV v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 202 ALR 1 applied NAEN v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 216 discussed Minister for Immigration & Multicultural Affairs v Al-Sallal (1999) 94 FCR 549) discussed WAGH v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 194 distingusihed NAGV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1456 discussed

NAPI, NAPJ, NAPK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 566 OF 2003 TAMBERLIN J SYDNEY 6 FEBRUARY 2004

IN THE FEDERAL COURT OF AUSTRALIA