WABR v Minister for Immigration & Multicultural Affairs [2002] FCAFC 124

FEDERAL COURT OF AUSTRALIA

WABR v Minister for Immigration & Multicultural Affairs [2002] FCAFC 124

IMMIGRATION – Applicant from Iran – claim of homosexuality – whether Tribunal should have found that the penalty facing a person convicted of homosexuality in Iran constituted persecution per se – whether the Tribunal should have had regard to the possibility of an adverse change in the attitude of the Iranian authorities towards homosexuals. Migration Act 1958 (Cth) ss 5, 36 Chan Yee Kin v Minister for Multicultural and Ethnic Affairs (1989) 169 CLR 379 followed Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 followed MMM v Minister for Immigration and Multicultural Affairs [1998] 90 FCR 324 cited F v Minister for Immigration and Multicultural Affairs [1999] FCA 947 approved Satinder Pal Singh v Minister for Immigration and Multicultural Affairs (2000) 178 ALR 742 applied Applicant LSLS v Minister for Immigration and Multicultural Affairs [2000] FCA 211 cited Minister for Immigration and Multicultural Affairs v Jang (2000) 175 ALR 752 distinguished WABR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 517 OF 2001 SPENDER, O'LOUGHLIN AND GYLES JJ 10 MAY 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 517 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WABR

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: SPENDER, O'LOUGHLIN AND GYLES JJ

DATE OF ORDER: 10 MAY 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The Appellant pay the Respondent's costs which costs are to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.