GENERAL DISTRIBUTION

CORRIGENDUM

Amendments to the Reasons for Judgment of Weinberg J delivered 25 September 1998.

On page 3 underthe heading “The decision of the delegate” point 2 should read “have a well founded fear of persecution”.

On page 16 delete the second paragraph:

“There is no reason in principle why Art 33 should rest upon nothing less than an entitlement to “permanent residence” in the third country.  Such an entitlement happened to exist in both Thiyagarajah and Rajendran.  Once back in that “safe third country” the claimants in those cases could make their claims for refugee status where, it should be assumed, these would be determined in accordance with the requirements of Art 1A(2) of the Convention.”

And replace with:

There is no reason in principle why Art 33 should rest upon nothing less than an entitlement to “permanent residence” in the “safe third country”.  Such an entitlement happened to exist in both Thiyagarajah and Rajendran.  In Thiyagarajah the claimant had previously been granted refugee status in the “safe third country”, France.  Once back in that “safe third country” the claimant could make his or her claim to refugee status or, as in Thiyagarajah, rely upon the previous grant of that status.  Any claim to refugee status would then be determined in accordance with the requirements of Art 1A(2) of the Convention, assuming that the “safe third country” was a signatory thereto.

On page 25 Counsel for the Applicant should read “Mr AL Cavanough QC”.

Lisa Bingham

Associate to Justice Weinberg

13 October 1999