Applicant A & anor v Minister for Immigration & Ethnic Affairs & anor

(1997) 190 CLR 225

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APPLICANT A & ANOTHER v MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS & ANOTHER

Court:

Judges: Brennan CJ
Dawson
McHugh
Gummow
Kirby

Subject References:
IMMIGRATION
Refugee status
Fear of persecution by forcible sterilisation pursuant to China's "One Child Policy"
Whether persecution feared "for reasons of ... membership of a particular social group"
Whether legitimate to define particular social group by reference to fear of persecution.
STATUTES
Interpretation
Statute incorporating provisions of international treaty
Approach to construction.

Legislative References:
Migration Act 1958 (Cth) - ss 4(1); ss 22AA; ss 54B
Migration (1993) Regulations (Cth) - reg 2A.5

Other References:
Convention Relating to the Status of Refugees, Art 1
Vienna Convention on the Law of Treaties, Arts 31, 32

Hearing date: 6 MARCH 1996
Judgment date: 24 FEBRUARY 1997

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ORDER

Appeal dismissed with costs.

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.