Aliens — Entry — Asylum — Refugees — Geneva Convention Relating to the Status of Refugees, 1951 — Definition of a refugee — Persecution by non-State actors — Persecution in the context of a civil war — Somalia — Clan-based conflict — Whether applicant required to demonstrate fear of persecution setting him apart from others — Whether violence against members of other clans sufficient — Membership of a particular social group

War and armed conflict — Civil war — Definition — Clan-based conflict in State where no functioning government — Somalia — Whether reference to civil war appropriate — Refugees — Whether applicant for refugee status has well-founded fear of persecution — The law of Australia

Aliens — Entry — Asylum — Refugees — Non-refoulement — Preventing asylum-seekers entering Australian territorial waters and arranging for their departure — Whether executive having power to exclude or prevent entry to non-citizens — Whether executive power abrogated by Migration Act 1958 (Cth) — Whether breach of the non-refoulement obligations under the Convention Relating to the Status of Refugees, 1951

Relationship of international law and municipal law — Treaties — Effect in municipal law — Whether entry into an international convention fettering executive power under Constitution

Human rights — Liberty of the person — Habeas corpus — Whether preventing departure of non-citizens from vessel amounting to a restraint on liberty — Whether restraint attributable to the Commonwealth — The law of Australia

Aliens — Entry — Asylum — Refugees — Geneva Convention Relating to the Status of Refugees, 1951 — Definition of a refugee — Membership of a particular social group — Persecution by non-State agents — Failure of State to protect — Women facing domestic violence in Pakistan — Whether within the provisions of the Refugee Convention — The law of Australia

Aliens — Entry — Asylum — Refugees — Geneva Convention Relating to the Status of Refugees, 1951 — Exclusion from protection of the Convention — Article 1F(a) — Whether rules regarding complicity applicable to Article 1F(c) also applicable to Article 1F(a) — Whether exclusion applicable where acts committed by appellant not crimes against humanity

International criminal law — Forms of criminal responsibility — Complicity — Requirements

Treaties — Interpretation — Geneva Convention Relating to the Status of Refugees, 1951 — Reference to international instruments created since adoption of Convention — The law of Canada

Aliens — Entry — Asylum — Refugees — Geneva Convention Relating to the Status of Refugees, 1951 — Exception for crimes under Article 1F(a)-(c) — Serious non-political crime — Well-founded fear of persecution — Application of concept of complicity by association under Article 1F(a)-(b)

International criminal law — Forms of criminal responsibility — Complicity — Crimes against the principles and purposes of the United Nations

Treaties — Interpretation of Article 1F(b) of the Geneva Convention Relating to the Status of Refugees, 1951 — Travaux préparatoires — Whether preferable for courts of parties to international convention to adopt same interpretation of provisions of convention — Interpretation of Article 1(F) (b) by British, Australian and French courts — The law of Canada

International criminal law — Genocide — Definition of genocide — Genocide Convention, 1948 — Conflict in Bosnia-Herzegovina — Commission of atrocities against civilian population — Whether amounting to genocide — Element of intention required for the commission of genocide — Distinction between principals and secondary parties

War and armed conflict — Civilians — Atrocities committed against civilians in armed conflict — Genocide — Ethnic cleansing — Conflict in Bosnia-Herzegovina — Geneva Conventions, 1949 — Whether conferring jurisdiction on national courts over grave breaches not fulfilling the conditions of genocide — The law of the Federal Republic of Germany

State immunity — Jurisdictional immunity — Whether rules forming part of customary international law — Whether restricted or absolute — Distinction between acts performed jure imperii and jure gestionis — Nature and purpose tests — Test of whether a private entity other than the State could have been a party to the act — Freedom of States to adopt different rules pending the development of a standardized international practice — Purchase or rental of buildings for ambassadorial residence not covered by State immunity — Head of State — Action against Head of State in substance an action against the State itself

Diplomatic relations — Diplomatic immunity — Ambassador — Whether acting as State’s representative in conclusion of lease or as party to legal proceedings — Party to lease being sovereign State of Canada — Dispute covered by State immunity rather than diplomatic immunity

Relationship of international law and municipal law — Customary international law — Part of the law of the State of Israel — Conflict between rules of customary international law and Israeli legislation — Whether the latter prevails — The law of Israel

Aliens — Asylum — Refugees — Geneva Convention Relating to the Status of Refugees, 1951 (“Refugee Convention”) — Non-refoulement — Article 33 — Relationship between Article 33(1) and Article 33(2) — Refugee considered risk to national security — Risk of torture — Factors to be considered in decision regarding deportation — Whether Article 33(2) requires a balance between security and threat to the individual

Human rights — Torture and inhuman and degrading treatment and punishment — Refugees — Non-refoulement — Duties under human rights treaties — Relationship with provisions of the Refugee Convention — Whether duty of non-refoulement in torture cases a rule of jus cogens

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969 — Rules of customary international law for the interpretation of treaties — Application of Articles 31 and 32 of the Vienna Convention — Successive treaties dealing with same subject matter — Refugee Convention — Convention against Torture, 1984 — Relationship

Relationship of international law and municipal law — Treaties — Effect in municipal law — Refugee Convention — Convention against Torture, 1984 — The law of New Zealand

Air — International Civil Aviation Organization (“ICAO”) — Chicago Convention on International Civil Aviation, 1944 — ICAO recommendations on international aviation standards — Status of recommendations contained in Annex 14 to Chicago Convention — Whether recommendations in Annex incorporated in municipal law of South Africa — Aviation Act 1962

International organizations — ICAO — Regulations and recommended practices on air safety — Whether incorporated into municipal law of parties

Relationship of international law and municipal law — Treaties — Effect in municipal law — Regulations made by international organization — Whether incorporated into law of parties — The law of South Africa

State immunity — Jurisdictional immunity — Immunity from execution — Arrest of ship — Commercial activity exception — Whether arrest should be set aside — Foreign States Immunities Act 1981

Arbitration — Arbitration clause in ship charter agreement between State and corporate entity — State having consented to arbitration by becoming party to agreement — Effect of consent to arbitration on State’s claim of jurisdictional immunity — The law of South Africa

Human rights — Due process — Right to have disputes determined by court — Whether right violated by amnesty provisions in constitution — Constitution of the Republic of South Africa Act 1993 — Promotion of National Unity and Reconciliation Act 34 of 1995, Section 22

Treaties — Geneva Conventions, 1949, and Protocols thereto — Whether granting of amnesty constituting violation of State’s obligations under Geneva Conventions — Whether Geneva Conventions applicable to conflict in South Africa — Promotion of National Unity and Reconciliation Act 1995, Section 20(7)

War and armed conflict — Internal and international conflicts — South Africa — Whether Geneva Conventions and Protocols applicable to conflict in South Africa

International criminal law — International crimes — Amnesty — Whether a violation of rights of victims — Truth and Reconciliation Commission

Relationship of international law and municipal law — Relevance of question whether international law prescribing a different duty to issue of constitutionality of municipal law amnesty provisions — Whether and to what extent Parliament having right to override rights and obligations under international agreements — The law of South Africa

State immunity — Jurisdictional immunity — Commercial transaction exception — Possession of Romanian Government-owned merchant ship transferred for commercial use to Moldovan Government as part of aid agreement — Possession of ship subsequently transferred by Moldovan Government to commercial entities which then operated ship — Wages of crew remaining unpaid for long period — Crew claiming that ship should be sold to satisfy claim for unpaid wages — Romanian Government claiming jurisdictional immunity — Distinction between “commercial transaction” and “commercial purpose” — Whether chartering of ship by third party a “commercial transaction” attributable to Romanian Government — Whether transfer of ship by Romanian Government to Moldovan Government a transaction with a “commercial purpose” — Whether ship to be sold to satisfy crew’s claim — The law of South Africa

Human rights — Right to fair trial — Admissibility of evidence — Self-incrimination — Conviction held to violate right to fair trial — European Convention on Human Rights (1950), Article 6 — Ruling by European Court of Human Rights — Remedies for violation of right — Whether defendants entitled to have their convictions quashed

Relationship of international law and municipal law — Treaties — Effect in municipal law — Remedies — Decision of international court — Effect within municipal law — Unambiguous statutory requirement — Degree of precedence over contrary decisions of international courts — Extent to which statute prevails over international legal restitution and performance of international obligations by courts and prosecutors as organs of State

Treaties — Effect — Binding character — Nature of obligations imposed upon the State — Obligations for courts as organs of the State — The law of England

Aliens — Entry — Asylum — Asylum-seeker failing to establish refugee status — Other grounds for claiming asylum — Claim that asylum-seeker’s rights to practise, teach and preach religion would be violated — Whether sufficient ground for resisting return to State of nationality

Human rights — Deportation and expulsion of aliens — Circumstances in which apprehended breach of human rights of a person abroad requires State not to remove person — Principle in Soering v. United Kingdom — Rights attracting obligation — Requisite degree of likelihood of breach — Necessary extent of breach — Interaction with obligations relating to refugees — Role of principle that sovereign States may regulate entry of aliens into their territory — Geneva Convention Relating to the Status of Refugees, 1951 — European Convention on Human Rights, 1950

Human rights — Religion — Right to manifest religious beliefs — Right to preach and teach religion — European Convention on Human Rights, Article 9 — The law of England

Consular relations — Consuls — Duties — Duty to respect the law of the receiving State — Consular premises — Inviolability — Proper use — Asylum — Person applying for asylum in consulate — Whether right to grant asylum — Whether duty to return person to authorities of receiving State — Whether asylum-seeker within the jurisdiction of the sending State — Vienna Convention on Consular Relations, 1963

Human rights — Scope and application of human rights treaties — European Convention on Human Rights, 1950 — Human Rights Act 1998 — Whether asylum-seeker in United Kingdom consulate within the jurisdiction of the United Kingdom — Relationship between obligations under European Convention and obligations under general international law

Human rights — Torture — Liberty of person — Conditions of detention — Whether capable of amounting to torture — Refoulement — Scope of obligation of non-return

Jurisdiction — Concept of jurisdiction — Whether person within the jurisdiction of a State — Asylum-seeker in consulate — Whether within jurisdiction of sending State

Relationship of international law and municipal law — Treaties — Effect in municipal law — European Convention on Human Rights, 1950 — Effect in United Kingdom law — Human Rights Act 1998 — Whether scope of application of the Act the same as that of the Convention — Extraterritorial application — The law of England

Aliens — Entry — Asylum — Right of State to control entry of aliens into its territory — Limitations on that right — Refugees — Definition of refugee — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Requirement that person be outside State of nationality — Operation of immigration controls by one State in the territory of another — Nationals of second State seeking to travel to first State for purpose of claiming asylum — Whether first State entitled to refuse leave — Principles of interpretation of Convention

Aliens — Entry — Asylum — Customary international law — Whether customary international law conferring right of asylum wider than that in the Refugee Convention — Whether State in breach of customary law by refusing persons in country of nationality leave to travel to State for purpose of claiming asylum

Consular relations — Immigration control — State operating immigration controls on territory of another State — Immigration officers operating controls possessing status of consular officials — Whether exercising jurisdiction over non-nationals

Human rights — Scope and application of human rights treaties — European Convention on Human Rights, 1950 — Obligations of State Party limited to persons within its jurisdiction — Whether consular officials in a foreign State exercising jurisdiction over non-nationals — Whether refusal of leave to enter a violation of Convention — Whether frustrating right of asylum

Human rights — Discrimination — Prohibition of racial discrimination — International treaty law and customary international law — Race Relations Act 1976 — Direct discrimination on grounds of race — The law of England

Human rights — Scope and application of human rights treaties — European Convention on Human Rights, 1950, and First Protocol — Application to overseas territories of a State Party — Article 56 of the Convention and Article 4 of the First Protocol — Declaration by State Party extending the Convention and Protocol to overseas territory a prerequisite for their application there — South Georgia and the South Sandwich Islands — United Kingdom making declaration extending the Convention but not the First Protocol — First Protocol not applicable even where decision regarding South Georgia and the South Sandwich Islands taken in the United Kingdom

Relationship of international law and municipal law — Treaties — Effect in municipal law — European Convention on Human Rights, 1950, and First Protocol — Effect in the United Kingdom — Human Rights Act 1998 — Action for damages for breach of Convention rights — Whether capable of succeeding if action in the European Court of Human Rights would fail — Definition of a public authority for purposes of the Act

Territory — Colonies — South Georgia and the South Sandwich Islands — Overseas territory of the United Kingdom — Government of South Georgia and the South Sandwich Islands separate from Government of the United Kingdom — Application of the European Convention on Human Rights, 1950, and First Protocol in South Georgia and the South Sandwich Islands — Decision by Secretary of State in London to issue instruction to Commissioner of South Georgia and the South Sandwich Islands — Whether an action of the Government of the United Kingdom — The law of England

Human rights — Scope and application of human rights treaties — European Convention on Human Rights, 1950, and First Protocol — Application to overseas territories of a State Party — Article 56 of the Convention and Article 4 of the First Protocol — Declaration by State Party extending the Convention and Protocol to overseas territory a prerequisite for their application there — South Georgia and the South Sandwich Islands — United Kingdom making declaration extending the Convention but not the First Protocol — Effect that Protocol not applicable

Treaties — Interpretation — Effectiveness — Limits to power of court — Court not permitted to use power of interpretation to remove provisions from Convention — European Convention on Human Rights