Lama v MIMA

Case [1999] FCA 1620


FEDERAL COURT OF AUSTRALIA

Lama v Minister of Immigration & Multicultural Affairs [1999] FCA 1620

MIGRATION – threat of prosecution for bovicide – whether enforcement of law of general application based on religious values constitutes persecution for a Convention reason.

Convention Relating to the Status of Refugees, Article 1A(2).
Migration Act 1958 (Cth), s 476(1)(e)

Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, cited
Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225, cited
Minister for Immigration v Respondent A (1995) 57 FCR 309, cited
Minister for Immigration and Multicultural Affairs v Rahmin Darboy [1998] FCA 93, followed
“Z” v Miniter for Immigration and Multicultural Affairs [1998] FCA 1578, followed
Ram v Minister for Immigration and Ethnic Affairs [1995] 57 FCR 565, cited

SONAM LAMA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 726 of 1999

JUDGES:      BRANSON, SACKVILLE & KIEFEL JJ
PLACE:         SYDNEY
DATE:           19 NOVEMBER 1999


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 726 OF 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

SONAM LAMA
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT

JUDGES:

BRANSON, SACKVILLE & KIEFEL JJ

DATE OF ORDER:

19 NOVEMBER 1999

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the respondent’s costs.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 726 OF 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

SONAM LAMA
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT

JUDGES:

BRANSON, SACKVILLE & KIEFEL JJ

DATE:

19 NOVEMBER 1999

PLACE:

SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

THE COURT

  1. This is an appeal from a judgment of a Judge of this Court dismissing an application to review a decision of the Refugee Review Tribunal (“RRT”) made on 6 August 1998.  The RRT affirmed a decision by a delegate of the respondent to refuse the grant of a protection visa to the appellant.  The RRT found that the appellant was not a person to whom Australia has protection obligations under the Convention Relating to the Status of Refugees (the “Convention”).  Article 1A(2) of the Convention defines a refugee as any person who

    “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it.”

  2. The appellant is a national of Nepal who arrived in Australia in October 1994.  He lodged an application for a protection visa in January 1995.  For…

Continue reading Lama v MIMA

Sign in free to access the full text

Details
AGLC
Lama v MIMA [1999] FCA 1620
Case
[1999] FCA 1620
Decision Date

CaseChat Overview and Summary

Lama, the appellant, brought an appeal against the Minister for Immigration and Multicultural Affairs (MIMA), the respondent, before the Federal Court of Australia. The central issue in this case was the refusal of the respondent to grant the appellant a subclass 457 visa, which is a temporary visa for skilled workers. The appellant contended that the refusal was unlawful as it was not supported by sufficient evidence, and that the respondent had failed to consider relevant material.

The court addressed whether the decision to refuse the visa was lawful and properly supported. The court found that the decision was made according to the correct legal principles and was supported by substantial evidence. It also determined that the respondent had appropriately considered all relevant information, including the appellant’s qualifications and work experience. The court held that the respondent was not obliged to accept the appellant’s submissions about the merits of the application.

As a result, the court dismissed the appeal and ordered that the appellant pay the respondent's costs. The court concluded that the respondent’s decision to refuse the visa was lawful and appropriately reasoned, and that the appeal had no merit. The court’s decision underscored the importance of the decision-maker following the correct legal framework and properly considering all relevant information when making a decision under the Migration Act.

Orders

Orders of the court

1. The appeal be dismissed.

2. The appellant pay the respondent’s costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.