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Migration & Refugee

Migration & Refugee judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.

DismissedFederal Court of Australia (Full Court)·08 Mar 2002

Federal Court Upholds Denial of Protection Visa for Stateless Person

DismissedFederal Court of Australia (Full Court)·14 Feb 2002

Federal Court Dismisses Refugee Appeal Based on UNRWA Protection

In this case, the Federal Court dismissed an appeal brought by a a person who was denied a protection visa. The court ruled that because the individual received UNRWA (a person Relief and Works Agency for Palestine a person) protection and could regain it if returned to Syria, they did not qualify as a a person under international law.

DismissedFederal Court of Australia·10 Aug 2001

Federal Court Rejects Visa Application for Protection

DismissedFederal Court of Australia·30 May 2001

Federal Court Rejects Protection Visa Appeal

The Federal Court dismissed an application for review of a protection visa denial, affirming the Refugee Review Tribunal's decision. The Court found no error in the Tribunal's assessment of the severity of conduct and the change in conditions in Fiji since the claimant's flight.

DismissedFederal Court of Australia·09 Mar 2001

Federal Court Dismisses Protection Visa Review Application

A person from Egypt who sought refugee status in Australia had their appeal against a denied protection visa dismissed by the Federal Court. This was because they did not provide proper legal reasons for their case or attend the court hearing as required.

DismissedFederal Court of Australia·06 Mar 2001

Federal Court Rejects Visa Application for Temporary Business Entry

The Federal Court dismissed the claimant's application for review of the Migration Review Tribunal's decision regarding the claimant's eligibility for a Temporary Business Entry visa under the Migration Act 1958. The court ruled that the claimant did not meet the criteria for temporary business entry as defined by the Act.

DismissedFederal Court of Australia·04 Jan 2001

Federal Court Rejects MV Tampa Habeas Corpus Appeal

In this case, a person challenged an order that required the release of individuals who were being held aboard the a person. The Federal Court dismissed the challenge, upholding the original decision to release these individuals and dismissing claims for habeas corpus and mandamus relief.

DismissedFederal Court of Australia·28 Feb 2000

Federal Court Rejects Iraqi Citizen’s Visa Appeal

A court rejected an Iraqi citizen's appeal against a decision denying them protection visa status. The court found that the applicant did not provide enough evidence showing they faced a real risk of harm if returned to Iraq, despite claims of religious and political persecution.

DismissedFederal Court of Australia·25 Feb 2000

Minister Can Cancel Visa Despite Set-Aside Deportation Order

The Federal Court ruled that even if an earlier decision to deport someone is overturned, the Minister still has the power to cancel their permanent resident visa based on character concerns under s 501 of the Migration Act. This case involved a person who had been in Australia since 1982 and was facing cancellation of their visa due to criminal conduct.

DismissedFederal Court of Australia·03 Sept 1999

Federal Court Dismisses Appeal Challenging Refugee Status Decision

In this case, a couple from the Philippines appealed against a decision by the Refugee Review Tribunal denying them protection visas in Australia. The Federal Court dismissed their appeal, finding that there was insufficient evidence to support claims of persecution and no breach of confidentiality or bias.

DismissedFederal Court of Australia·02 Feb 1999

Court rejects claim for trade status in immigration case

DismissedFederal Court of Australia·24 July 1998

Federal Court Rejects Judicial Review of Refugee Decision

A person seeking refugee status in Australia challenged a decision by the Refugee Review Tribunal, but the Federal Court dismissed their application for judicial review. The court ruled that the tribunal had properly evaluated all relevant evidence and made no mistakes in its decision-making process.

DismissedHigh Court of Australia·1952

High Court Rejects Challenge to Deportation Order

The High Court dismissed an action brought by the claimant against the Commonwealth to challenge a deportation order under the War-time Refugees Removal Act. The claimant, who was born in German New Guinea during British military occupation, argued that he should be considered a British subject and therefore exempt from deportation. However, the court ruled that being born in territory occupied by military forces does not make one a 'British subject' for nationality purposes.

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