Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53

HIGH COURT OF AUSTRALIA

GUMMOW ACJ

KIRBY, CALLINAN, HEYDON AND CRENNAN JJ

MINISTER FOR IMMIGRATION AND

MULTICULTURAL AND INDIGENOUS AFFAIRS APPELLANT

AND

QAAH OF 2004 & ANOR RESPONDENTS

Minister for Immigration and Multicultural and Indigenous Affairs v

QAAH of 2004

[2006] HCA 53

15 November 2006

B2/2006

ORDER

1. Appeal allowed.

2. Set aside Orders 1 and 2 (except par 3 of Order 2), of the orders made by the Full Court of the Federal Court of Australia on 27 July 2005 and in their place order that the appeal to that Court be dismissed.

3. Appellant to pay the costs of the first respondent of the application for special leave to appeal and the appeal.

On appeal from the Federal Court of Australia

Representation

S J Gageler SC and S B Lloyd for the appellant (instructed by Clayton Utz Lawyers)

B W Walker SC with M O Plunkett for the respondent (instructed by Terry Fisher & Co)

Submitting appearance for the second respondent

S P Estcourt QC with J A Gibson appearing on behalf of the United Nations High Commissioner for Refugees as amicus curiae (instructed by Mallesons Stephen Jaques)

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 and Indigenous Affairs v QAAH of 2004

Immigration – Refugees – Application for permanent protection visa – Statute requiring Minister to be satisfied Australia owes protection obligations to the applicant under the Convention – Applicant previously granted temporary protection visa for a specified period – Whether previous grant of temporary protection visa entitles applicant on application for a new visa to a presumption of being owed protection obligations under the Convention – Construction of Migration Act 1958 (Cth), s 36 – Construction of the Convention.