Daher v Minister for Immigration and Ethnic Affairs

In the Federal Court of Australia, Toufic Daher appealed against the decision of the Minister for Immigration and Ethnic Affairs, which refused his application for a protection visa under the Migration Act 1958 (Cth). The central issue was whether the Administrative Appeals Tribunal had jurisdiction to review the Refugee Review Tribunal's decision, which refused his refugee status on grounds of committing crimes against humanity under Article 1F of the Convention relating to the Status of Refugees. Another issue was whether the Refugee Review Tribunal had the jurisdiction to consider issues arising under Article 1F.

The Federal Court considered the statutory framework under the Migration Act. It held that the Administrative Appeals Tribunal had jurisdiction to review decisions refusing to grant a protection visa that relied on Article 1F, but the Refugee Review Tribunal did not. The court reasoned that the Act intended to divide decisions into those relying on Article 1F and those relying on other aspects of the Convention. The Refugee Review Tribunal's jurisdiction was limited to reviewing decisions that did not rely on Article 1F. Consequently, the Refugee Review Tribunal lacked jurisdiction to consider Article 1F issues, even if raised for the first time on review. The court declared the Refugee Review Tribunal's decision void ab initio insofar as it relied upon Article 1F of the Convention. The appeal was allowed in part, setting aside the trial judge's order on costs and ordering the respondent to pay the costs of the application to the Court. The appeal was otherwise dismissed, and the respondent was ordered to pay the costs of the appeal.