NAGV and NAGW of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs

Immigration – Refugees - Refugee Review Tribunal - Decision - Judicial review - Tribunal found that appellants had genuine fear of persecution if returned to Russia - Tribunal concluded that Israel was a third country where appellants would have effective protection - Protection visa refused - Whether the Tribunal failed to observe the requirements in ss 36 and 65 of the Migration Act 1958 (Cth) - Whether each appellant was a non-citizen in Australia to whom Australia has protection obligations under the Convention Relating to the Status of Refugees as amended by the Protocol Relating to the Status of Refugees - Whether this means anything other than "refugee" within the meaning of Art 1 of the Convention Relating to the Status of Refugees as amended by the Protocol Relating to the Status of Refugees.

Immigration – Refugees - International law - Construction of the Convention Relating to the Status of Refugees as amended by Protocol Relating to the Status of Refugees - Whether a non-refoulement obligation precludes removal to a safe third country.

Words and phrases – "protection obligations", "to whom Australia has protection obligations under the Refugees Convention as amended by the Refugees Protocol".

Migration Act 1958 (Cth) – ss 36 and 65.

Convention Relating to the Status of Refugees as amended by Protocol Relating to the Status of Refugees – Arts 1, 32 and 33.