Somaghi v. Minister for Immigration, Local Government and Ethnic Affairs

Abstract

169Aliens — Refugees — Determination of refugee status — Geneva Convention Relating to the Status of Refugees, 1951 and Protocol, 1967 — Well-founded fear of persecution — Appellant creating by his own actions circumstances that may give rise to persecution if returned to his country of nationality — Whether a refugee sur place — United Nations High Commissioner for Refugees' Handbook on Procedures and Criteria for Determining Refugee Status — Guidance from — Migration Act 1958 (Commonwealth)Treaties — Interpretation — Geneva Convention Relating to the Status of Refugees, 1951 and Protocol, 1967 — Materials for guidance in treatment of provisions of Convention — Well-founded fear of persecution — Appellant creating a ground for refugee status by actions in country of refuge — Whether a refugee sur place — United Nations High Commissioner for Refugees' Handbook on Procedures and Criteria for Determining Refugee Status — Guidance from — Whether fear of persecution well-founded — The law of Australia