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Diatlov v Minister for Immigration and Multicultural Affairs

Diatlov v Minister for Immigration and Multicultural Affairs

Case [1999] FCA 1046

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AGLC: Diatlov v Minister for Immigration and Multicultural Affairs [1999] FCA 1046
Case: [1999] FCA 1046
Decision Date: 3 AUGUST 1999

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Orders

Orders of the court

1. The proceedings be listed for further directions at 9.30 am on 19 August 1999.

Background

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Decision

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Citations

Diatlov v Minister for Immigration and Multicultural Affairs [1999] FCA 1046

Most Recent Citation

MIMA v Savvin [2000] FCA 478

Cases Citing This Decision

1621722 (Refugee) [2020] AATA 3913
Citation 1 (Para 3)

…See also Rishmawi v MIMA (1997) 77 FCR 421, Diatlov v MIMA (1999) 167 ALR 313 and DZABG v MIAC [2012] FMCA 36 (Brown FM, 25 January 2012) (undisturbed on appeal: DZABG v MIAC [2012] FCA 827 (Dowsett J, 7 August 2012). So the Tribunal turns to consider the hypothetical situation of what would happen to the applicant…
1726354 (Refugee) [2020] AATA 811
Citation 2 (Para 22)

…Convention reason.[4] [4] See MIMA v Savvin (2000) 98 FCR 168, per the Full Federal Court. See also Rishmawi v MIMA (1997) 77 FCR 421, Diatlov v MIMA (1999) 167 ALR 313 and DZABG v MIAC [2012] FMCA 36 (Brown FM, 25 January 2012) (undisturbed on appeal: DZABG v MIAC [2012] FCA 827 (Dowsett J, 7 August 2012).…
BZADW v Minister for Immigration and Border Protection [2014] FCA 541
Citation 3

…r relevant considerations not taken into account. Legislation: Migration Act 1958 (Cth) ss 5, 36(2), 36(2A), 46A, 91R, 91S Cases cited: Diatlov v Minister for Immigration and Multicultural Affairs (1999) 167 ALR 313 discussed Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 cited NAGV and NAGW of 2002 v Minister for Immigration and Multic…
BZADW v Minister for Immigration [2013] FCCA 1229
Citation 4 (Para 8)

…re, constitute persecution for the purposes of the Migration Act and the Convention: Diatlov v Minister for Immigration and Multicultural Affairs (1999) 167 ALR 313.…
DZABG v MIAC [2012] FMCA 36
Citation 5 (Para 8)

…not constitute persecution in the sense required to satisfy the Refugees Convention. [40] Diatlov v Minister for Immigration & Multicultural Affairs (1999) 167 ALR 313…
DZAAN v Minister for Immigration [2012] FMCA 37
Citation 6 (Para 3)

…fused re-entry to that country because he was not recognised as a citizen of Estonia. [20] Diatlov v Minister for Immigration & Multicultural Affairs (1999) 167 ALR 313…
SZJXW v Minister for Immigration [2007] FMCA 1252
Citation 7

…Diatlov v Minister for Immigration and Multicultural Affairs (1999) 167 ALR 313 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 VAF v Minister for Immigration and Multicultural and Indigenou…
QAAE of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1213
Citation 8 (Para 24)

…in Rishmari v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 421 and Diatlov v Minister for Immigration and Multicultural Affairs (1999) 167 ALR 313.…
De Silva v Minister for Immigration and Multicultural Affairs [2000] FCA 765
Citation 9 (Para 14)

…outside his or her country of nationality owing to a well‑founded fear of persecution based on a Convention reason. See Diatlov v The Minister (1999) 167 ALR 313. There was no such finding in the present case. CONCLUSION…
MIMA v Savvin [2000] FCA 478
Citation 10 (Para 21)

…o support the construction of Art 1A(2) as including the disputed condition: see Diatlov v Minister for Immigration and Multicultural Affairs (1999) 167 ALR 313 at 322, [31]. Sackville J, for that and for other reasons, then construed Art 1A(2) as including the disputed condition, as had Cooper and Moore JJ.)…

Cases Cited

Statutory Material Cited

Applicant A91 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1388
Citation 1 (Para 9)

…limited circumstances in which a decision-maker may be obliged to make further inquires: Prasad v Minister for Immigration and Multicultural Affairs (1985) 6 FCR 155, at 169; Luu v Renevier (1989) 91 ALR 39, at 49-50 (although a question arises as to whether, in view of Eshetu, this Court has power to grant relief…
Wang v Minister for Immigration and Multicultural Affairs [2000] FCA 903
Citation 2 (Para 5)

…s not establish procedures of the kind identified in s 476(1)(a) of the Migration Act : Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577, at 588-589, per Gleeson CJ and McHugh J; at 600, per Gummow J; at 613, per Hayne J; at 620, per Callinan J.…
Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21
Citation 3 (Para 5)

…. In any event, the High Court has held that s 420(2)(b) does not establish procedures of the kind identified in s 476(1)(a) of the Migration Act : Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577, at 588-589, per Gleeson CJ and McHugh J; at 600, per Gummow J; at 613, per Hayne J; at 620, per Callinan J.…
Sellamuthu v Minister for Immigration and Multicultural Affairs [1999] FCA 247
Citation 4 (Para 7)

…ster for Immigration and Ethnic Affairs (1996) 62 FCR 402, at 414, per Sackville J; Sellamuthu v Minister for Immigration and Multicultural Affairs [1999] FCA 247 (FC), at [22].…
Muralidharan v Minister for Immigration and Ethnic Affairs [1996] FCA 182
Citation 5 (Para 7)

…findings on substantial factual issues crucial to a proper determination of the matter: Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402, at 414, per Sackville J; Sellamuthu v Minister for Immigration and Multicultural Affairs [1999] FCA 247 (FC), at [22].…
Luu & Anor v Renevier [1989] FCA 518
Citation 6 (Para 9)

…n-maker may be obliged to make further inquires: Prasad v Minister for Immigration and Multicultural Affairs (1985) 6 FCR 155, at 169; Luu v Renevier (1989) 91 ALR 39, at 49-50 (although a question arises as to whether, in view of Eshetu, this Court has power to grant relief in respect of the breach of any such obl…
Prasad v Minister for Immigration and Ethnic Affairs [1985] FCA 46
Citation 7 (Para 9)

…aining that evidence and presenting it to the RRT. There are limited circumstances in which a decision-maker may be obliged to make further inquires: Prasad v Minister for Immigration and Multicultural Affairs (1985) 6 FCR 155, at 169; Luu v Renevier (1989) 91 ALR 39, at 49-50 (although a question arises as to whether, in view of Eshetu, this Court has power to gr…

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