Appellant S395/2002 v Minister for Immigration and Multicultural Affairs
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Seuffert J. In February 1999, the appellants, Mr Kabir and Mr Rahman, arrived in Australia from Bangladesh; within two weeks they applied for protection visas on the basis that they were refugees who feared persecution in Bangladesh by reason of their homosexuality. A non-citizen qualifies for a protection visa under s 36(2) of the Migration Act 1958 (Cth) (Migration Act), if, relevantly, he or she is a person to whom obligations are owed under the 1951 Convention Relating to the Status of Refugees (95) (the Convention). Under the Convention, obligations are owed to “refugees” as defined in Art 1.