NAGV v Minister for Immigration & Multicultural & Indigenous Affairs

(2003) 202 ALR 1; [2003] FCAFC 144

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Catchwords

1. Immigration
2. › Protection visas
3. › Protection obligations under Refugees Convention
4. › Doctrine of effective protection
5. › Whether Australia owes protection obligations to refugee who has right to enter and reside in third country
6. › Whether effective protection doctrine applies where refugee has never been to third country
7. › Migration Act 1958 (Cth), s 36(2)
8. › Convention Relating to the Status of Refugees, Arts 1, 32, 33
1. Practice and Procedure
2. › Precedent
3. › Full Court of Federal Court
4. › Whether Full Court should follow previous Full Court decision
5. › Where previous decision founded extensive line of jurisprudence
6. › Where reasoning in previous decision held to be defective
7. › Whether departure from settled law appropriate for intermediate appellate court
1. Administrative Law
2. › Judicial review
3. › Privative clause
4. › Whether decision involved jurisdictional error
5. › Whether decision a 'privative clause decision'
6. › Migration Act 1958 (Cth), s 474
7. › Plaintiff S157/2002 v Commonwealth

Quick Take

While the Full Court unanimously considered the effective protection doctrine in Thiyagarajah to be wrongly decided, the doctrine remains binding law in the Federal Court pending High Court consideration; the case signals that the High Court may be receptive to a special leave application challenging the doctrine.

Case Details

Citation[2003] FCAFC 144

Reported(2003) 130 FCR 46(2003) 202 ALR 1

CourtFCAFC

JurisdictionCommonwealth

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Cited by12

2005NBLC; NBLB v Minister for Immigration & Multicultural & Indigenous AffairsFCAFC 272
2005NAIZ v Minister for Immigration & Multicultural & Indigenous AffairsFCAFC 37
2005NAGV and NAGW of 2002 v Minister for Immigration and Multicultural and Indigenous AffairsHCA 6
2004Applicants A106 of 2003 v Minister For Immigration & Multicultural & Indigenous AffairsFCAFC 279
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