Lama v MIMA

Case [1999] FCA 918


FEDERAL COURT OF AUSTRALIA

Lama v Minister for Immigration & Multicultural Affairs [1999] FCA 918

MIGRATION – application for review of decision of Refugee Review Tribunal (“the RRT”) – whether application for review can be brought otherwise than under Part 8 of the Migration Act 1958 (Cth) – whether fear of persecution is by reason of an aspect of who the applicant is or what the applicant does – whether enforcement of laws of general application that are based on religious beliefs is Convention persecution – where criminal liability for bovicide arising from laws of general application.

WORDS and PHRASES – “persecution”, “religion”, “political opinion”, “laws of general application”

1951 Convention Relating to the Status of Refugees as amended by the 1967 Protocol Article 1A(2)
Migration Act 1958 (Cth) ss 476, 485(1)
Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5 and 6
Judiciary Act 1903 (Cth) s 39B

Yao Minister for Immigration and Ethnic Affairs (1996) 69 FCR 583, cited
Morato v Minister for Immigration, Local Government and Ethnic Affairs (1992) 39 FCR 401, applied
Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565, cited
Jahazi v Minister for Immigration and Ethnic Affairs (1995) 61 FCR 293, cited
Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, followed
Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225, followed
Minister for Immigration and Multicultural Affairs v Rahmin Darboy [1998] FCA 931, followed
“Z” v Minister for Immigration and Multicultural Affairs [1998] FCA 1578, followed
Minister for Immigration and Ethnic Affairs v Eshutu [1999] HCA 21, followed

SONAM LAMA v 
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 923 OF 1998

TAMBERLIN J
SYDNEY
8 JULY 1999


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 923 OF 1998

BETWEEN:

SONAM LAMA
Applicant

AND:

MINISTER FOR IMMIGRATION
AND MULTICULTURAL AFFAIRS
Respondent

JUDGE:

TAMBERLIN J

DATE OF ORDER:

8 JULY 1999

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The application for an extension of time to bring an application for review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and the Judiciary Act 1903 (Cth) is dismissed with costs.

2.The application for review under the Migration Act 1958 (Cth) is dismissed with 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

NG 923 OF 1998

BETWEEN:

SONAM LAMA
Applicant

AND:

MINISTER FOR IMMIGRATION
AND MULTICULTURAL AFFAIRS
Respondent

JUDGE:

TAMBERLIN J

DATE:

8 JULY 1999

PLACE:

SYDNEY

REASONS FOR JUDGMENT

  1. This case raises the question whether punishment under Nepalese law for killing a cow (“bovicide”) can be said to constitute persecution for a religious or political reason.

  2. On 6 August 1998, the Refugee Review Tribunal (“the RRT”) decided that the applicant was not a refugee and was therefore not entitled to a protection visa under the Migration Act 1958 (Cth) (“the…

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Details
AGLC
Lama v MIMA [1999] FCA 918
Case
[1999] FCA 918
Decision Date

CaseChat Overview and Summary

Lama, an individual, sought to extend the time limit for bringing an application for judicial review of a decision by the Minister for Immigration and Multicultural Affairs (MIMA). The application was dismissed by the Federal Court of Australia, which was also asked to review the original decision by MIMA under the Migration Act 1958 (Cth).

The primary legal issues before the court were whether the applicant was entitled to an extension of time to bring his application for judicial review, and whether the application for review of MIMA’s decision should be granted. The court considered the relevant statutory time limits, the principles of equity, and the merits of the applicant’s case.

In dismissing the application for an extension of time, the court found that the applicant had not demonstrated any special circumstances that would warrant an extension. The court held that the statutory time limits for bringing an application for judicial review were strict and could not be extended by the court in the absence of exceptional circumstances. The court also found that the applicant had not demonstrated any grounds for review of MIMA’s decision under the Migration Act 1958 (Cth). The court held that the decision was lawful and that the applicant had not demonstrated any error of law or procedural unfairness.

The court ordered that the application for an extension of time be dismissed with costs, and that the application for review of MIMA’s decision be dismissed with costs.

Orders

Orders of the court

1. The application for an extension of time to bring an application for review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and the Judiciary Act 1903 (Cth) is dismissed with costs.

2. The application for review under the Migration Act 1958 (Cth) is dismissed with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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