WAEZ of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 341

FEDERAL COURT OF AUSTRALIA WAEZ of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 341

MIGRATION – judicial review – refugees – application for review of refusal to grant visa – claim of well-founded fear of persecution due to membership of a particular social group – appellant citizen of Iran – family's lands seized by State Oil Company – appellant and members of family resisted seizure – RRT found that appellant will likely face criminal charges and persecution if returned to Iran, but that such persecution would not be for a Convention reason as it would be pursuant to a law of general application – RRT had no evidence of what particular offence or offences appellant may have committed under Iranian law - whether RRT erred in that there was no evidence or other material to justify the making of its decision – whether RRT based its decision on the existence of a particular fact and that fact did not exist – whether RRT failed to interpret or apply correctly the relevant law – whether RRT failed to address whether appellant's family is a particular social group

Migration Act 1958 (Cth) ss 91R, 91S, 476(1)(b), 476(1)(c), 476(1)(e), 476(1)(g), 476(4)(b)

Aala v Minister for Immigration & Multicultural Affairs [2002] FCAFC 204 followed Minister for Immigration & Multicultural Affairs v Sarrazola (2001) 107 FCR 184 referred to Applicant A v Minister for Immigration & Ethnic Affairs (1996-1997) 190 CLR 225 referred to Wang v Minister for Immigration & Multicultural Affairs (2001) 179 ALR 1 referred to Chen Shi Hai v Minister for Immigration & Multicultural Affairs (2000) 170 ALR 553 referred to Minister for Immigration & Multicultural Affairs v Rajamanikkam (2002) 190 ALR 402 referred to Chan v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 370 referred to Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Minister for Immigration & Multicultural Affairs v Sarrazola (1999) 95 FCR 517 referred to