Aliens — 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 — Requirements of bona fides — UNHCR Handbook on Procedures and Criteria for Determining Refugee Status — Guidance from — Migration Act 1958 (Commonwealth)

Relationship of international law and municipal law — Determination of refugee status — Whether appellant refugee sur place — International obligation not brought directly into municipal law — Whether decision-maker to have regard to the Convention in determining refugee status — Whether discretion to be exercised within Convention limits — Whether “error of law” embraces error in construing an international obligation — The law of Australia