Lama v Minister for Immigration & Multicultural Affairs [1999] FCA 1620

Lama v Minister for Immigration & Multicultural Affairs [1999] FCA 1620

Enforcement of the Nepalese law against bovicide, despite its religious origins, is a law of general application and is not enforced in a discriminatory or selective manner towards the appellant or any religious group. Therefore, prosecution under that law does not constitute persecution for a Convention reason as defined by Article 1A(2) of the Refugee Convention, and the appellant does not have a well-founded fear of persecution on religious or political grounds.

Parties
Appellant: Sonam Lama; Respondent: Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
19 November 1999
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Persecution Definition Under Refugee Convention, Law of General Application and Religious Values, Review of Refugee Review Tribunal Decisions
Migration Law Persecution Definition Under Refugee Convention Law of General Application and Religious Values Review of Refugee Review Tribunal Decisions

Case Brief

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Parties

Sonam Lama

Appellant

Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether enforcement of a law of general application based on religious values constitutes persecution for a Convention reason
  2. 2 Whether threat of prosecution for violating religiously-motivated law in Nepal constitutes persecution for reasons of religion or political opinion under Article 1A(2) of the Refugee Convention

Ratio Decidendi

Enforcement of the Nepalese law against bovicide, despite its religious origins, is a law of general application and is not enforced in a discriminatory or selective manner towards the appellant or any religious group. Therefore, prosecution under that law does not constitute persecution for a Convention reason as defined by Article 1A(2) of the Refugee Convention, and the appellant does not have a well-founded fear of persecution on religious or political grounds.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the respondent's costs.