Aala v Minister for Immigration & Multicultural Affairs [2002] FCAFC 204

FEDERAL COURT OF AUSTRALIA

Aala v Minister for Immigration & Multicultural Affairs [2002] FCAFC 204

MIGRATION –Refugee Review Tribunal found that appellant faced a real chance of being executed if returned to Iran – Tribunal also found that execution would be pursuant to a law of general application – application for protection visa rejected – application for judicial review dismissed – fresh evidence adduced on appeal from expert in Iranian law – fresh evidence established that if appellant were executed, it would be under an Iranian law stipulating such a penalty for an economic offence committed with "an anti-government intention" – whether Tribunal "based the decision" on the existence of the particular fact that the relevant law was one of general application – whether that finding was a finding of fact – whether appellant had proved that that fact did not exist – no evidence ground made out – appeal allowed.

Migration Act 1958 (Cth), s 476(1)(g)

Minister for Immigration and Multicultural Affairs v Indatissa [2001]FCA 181 referred to Islam v Minister for Immigration and Multicultural Affairs [2001] FCA 1574referred to Rajanayake v Minister for Immigration and Multicultural Affairs [2002] FCA 143 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Jegatheeswaran v Minister for Immigration and Multicultural Affairs [2001] FCA 865 referred to Wang v Minister for Immigration and Multicultural Affairs (2001) 108 FCR 167 followed MANSOUR AALAv MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N1206 of 2001 GRAY, CARR & GOLDBERG JJ 21 JUNE 2002 MELBOURNE (HEARD IN SYDNEY)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1206 OF 2001

BETWEEN: MANSOUR AALA