| Name |
Date |
Comments |
| QAAH of 2004 v MIMIA [2005] FCAFC 136 |
27/07/05 |
On 27 July 2005, the Full Federal Court handed down an important decision setting out the proper approach in a case of possible cessation of refugee status. The decision may affect several hundred temporary protection visa (TPV) holders whose visas will soon expire.
Applicants who may be in this situation are invited to contact
Nigel Dobbie.
Mr Dobbie is a Senior Associate at Parish Patience Immigration and Accredited Specialist in Immigration Law (MARN 9370721).
|
| Applicant NABD of 2002 v MIMIA [2005] HCA 29 |
26/05/05 |
Administrative law - Judicial review - Immigration - Refugees - Appellant, an Iranian, sought a protection visa on the basis that he had converted to Christianity after leaving Iran - Refugee Review Tribunal twice affirmed decision to refuse the appellant a protection visa - Relying on information contained in a country profile, the Tribunal distinguished between Christians in Iran who quietly go about their devotions and those who actively or conspicuously proselytise, and considered that only the latter group would encounter a real chance of persecution - Whether Tribunal asked itself a wrong question by seeking to categorise the way in which the appellant expressed his beliefs - Whether Tribunal addressed whether appellant had a well-founded fear of persecution on the ground of religion - Whether Tribunal had committed jurisdictional error similar to the error identified in Appellant S395/2002 v Minister for Immigration and Multicultural Affairs. International human rights law - Refugees - Refugees Convention - Ground of religion - Freedom of religion as a basic human right. Appeal dismissed with costs (Kirby & McHugh JJ, dissenting).
|
| SAAP v Minister for Immigration [2005] HCA 24 |
18/05/05 |
Review of decision of Refugee Review Tribunal - Tribunal invited the first appellant to appear to give evidence and present arguments under Migration Act 1958 (Cth), s 425 - Evidence was later taken from first appellant's daughter in absence of first appellant - Tribunal affirmed decision under review by relying on information obtained from first appellant's daughter - Tribunal failed to give the first appellant particulars in writing of information - Tribunal failed to invite the first appellant in writing to comment on information - Whether Tribunal breached Migration Act, s 424A. Relevance of Refugee Convention in case of ambiguity of statute. Whether a breach of Migration Act, s 424A amounts to jurisdictional error that invalidates the decision.
|
| NAGV and NAGW of 2002 v Minister for Immigration [2005] HCA 6 |
02/03/05 |
High Court decision holding that Australia owed protection obligations to Russian nationals, even though they would have been accepted by Israel. Important discussion of Australia's 'non-refoulement' obligation under the Refugees Convention. |
| Husan, R (on the application of) v Secretary of State for the Home Department [2005] EWHC 189 (Admin) |
24/02/05 |
In this case a judge of the High Court of England & Wales made a declaration that Bangladesh should not have been included in a 'white list' of countries presumed to be safe. |
| MIMIA v B [2004] HCA 20 |
29/04/04 |
High Court decision holding that the Family Court has no jurisdiction to order the Minister for Immigration to release children being held in an immigration detention centre. |
| Minister
for Immigration v Al Masri [2003] FCAFC 70 |
15/04/03 |
An important case discussing the Constitutional issues, international
obligations and related issues surrounding mandatory detention.
Case summary by David Bitel. |
| Plaintiff
S157 of 2002 (2003) 211 CLR 476, (2003) 77 ALJR 454, (2003) 195 ALR 24, [2003] HCA 2
|
04/02/03 |
Unanimous High Court decision upholding the principle that a visa
applicant has a Constitutional right to appeal from refusal of a visa
application on the ground of jurisdictional error. The decision applies
to all types of visa applicants, including asylum seekers.
Parish Patience Immigration represented the Plaintiff. For additional
information, please see our Media
Releases
See also:-
Canberra Times editorial, Minister
can't turn the tide.
ABC Radio Broadcast transcript, High
Court decides on 'Tampa' laws.
Sydney Morning Herald, "Tampa law loses its punch after
ruling" (archived at Newstore).
Australian Financial Review, "High Court rules it can review
refugee decisions" (archived at Newstore). |
| Muin v RRT; Lie v RRT |
08/08/02 |
The High Court found that the applicants had been denied procedural fairness in that each applicant had been misled as to whether it was necessary to draw the Tribunal's attention to material favourable to his or her application, and that the applicants were further denied procedural fairness in not being advised of general country information submitted to the RRT by the Department of Foreign Affairs.
Link to Refugee Council of Australia
media release. |
| Guo
Wei Rong |
13/06/97 |
Examination by the High Court of the reasoning process leading up to a
finding whether a person has a "well-founded fear of
persecution" |
| Jong
Kim Koe |
02/05/97 |
A very important decision of the Full Federal Court concerning the
"dual nationality" issue and the way in which the Convention
should be interpreted |
| Thalary |
04/04/97 |
Single women may constitute a "social group". Restriction on
areas of employment may constitute persecution. The "internal flight
option" must be reasonably available. |
| Thiyagarajah |
03/03/97 |
The language of Article 1E is really consistent only with the grant of
all of the non-political rights of a national other than actual
citizenship |
| Applicant
A |
24/02/97 |
Consideration by the High Court of the Chinese "one child
policy" and the meaning of "particular social group" |
| Singh |
24/01/97 |
A decision of the Full Bench of the Federal Court establishing that
the relevant date for showing refugee status is the date of determination |
| Welivita |
18/11/96 |
The mere fact that a criminal offence was politically motivated does
not make punishment of it persecution |
| Lal |
24/09/96 |
Systematic harassment over a period of time may amount cumulatively to
persecution |
| Barzideh |
21/08/96 |
Consideration of Article 1E and the relevant travaux préparatoires |
| Yesus |
09/07/96 |
Application of the "reasonable person in the position of the
applicant" test to determine whether circumstances in the country of
origin have changed sufficiently to allay fear |
| Mocan |
06/06/96 |
A family may be a "particular social group" |
| Wu
Shan Liang |
27/05/96 |
A ruling by the High Court on the limits of judicial review in respect
of specific Australian legislation |
| Fu
Kai Yuan |
24/04/96 |
Punishment for illegal departure is not necessarily persecution |
| Su
Qun De |
24/04/96 |
Involvement in a particular activity (organising illegal departures)
does not constitute a "social group" |
| Muralidharan |
22/03/96 |
Persecution need not be aimed at an individual |
| Ram |
21/12/95 |
Consideration of the "internal flight option". Extortion
from wealthy returnees may be a form of persecution as a "social
group" |
| Xie
Guo Zhong |
21/12/95 |
Extra punishment imposed for an offence because the offender was a
"privileged official" not necessarily persecution |
| Ali |
13/12/95 |
Affirmative action policies in employment do not necessarily amount to
persecution |
| Lo |
13/12/95 |
People suffering from a particular disease may be a "social
group" |
| Jahazi |
14/11/95 |
A trade or profession may constitute a "social group" |
| Dhayakpa |
09/11/95 |
Article 1F(b) considered in a very conservative ruling |
| Chen |
30/06/95 |
International standards of political freedom should be applied in all
cases |
| Ram |
27/06/95 |
Persecution implies some attitude or motivation to harm the victim. A
"social group" requires some common unifying element binding
the members together. |
| Randhawa |
11/08/94 |
Consideration of the "internal flight principle" |
| Nagalingam |
22/09/92 |
Consideration of Article 1C and the question of onus of proof in the
refugee determination procedure. |
| Chan |
09/12/89 |
The landmark decision of the High Court establishing the "real
chance" test for determining whether a fear of persecution is
"well-founded" |
