Minister for Immigration and Multicultural Affairs v Singh [2002] HCA 7

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, KIRBY AND CALLINAN JJ

MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS APPELLANT

AND

DALJIT SINGH RESPONDENT

Minister for Immigration and Multicultural Affairs v Singh

[2002] HCA 7

7 March 2002

A11/2001

ORDER

Appeal dismissed with costs.

On appeal from the Federal Court of Australia

Representation:

J Basten QC with S B Lloyd for the appellant (instructed by Australian Government Solicitor)

M W Gerkens for the respondent (instructed by Fernandez Canda Gerkens)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Minister for Immigration and Multicultural Affairs v Singh

Immigration – Refugees – Exclusion from Convention protection for commission of "serious non-political crime" – Meaning of "serious non-political crime" – Whether murder can ever be a political crime – Proportionality of crime to political purpose – Relevance of revenge motive – Whether political purpose must be dominant, sole or significant purpose.

Immigration – Refugees – Exclusion from Convention protection – Commission of offence prior to "admission … as a refugee" – Meaning of reference to admission as refugee – Whether refugee status must be determined before consideration of exclusion.

Judicial review – Jurisdiction – Review for errors of law – Interpretation of "serious non-political crime" in Refugees Convention – Decision about whether murder was a political crime – Whether decision reviewable for error of law.

Words and phrases – "serious non-political crime" – "common crimes" – "pure political crimes" – "admission … as a refugee".

Migration Act 1958 (Cth), s 36(2).

Convention Relating to the Status of Refugees 1951, as amended by the Protocol Relating to the Status of Refugees 1967, Art 1F(b).