WAGE of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 346

FEDERAL COURT OF AUSTRALIA

WAGE of 2002 v Minister for Immigration and Multicultural and

Indigenous Affairs [2002] FCAFC 346

WAGE of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs W142 of 2002 FRENCH, CARR & FINN JJ 12 NOVEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W142 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WAGE OF 2002

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGES: FRENCH, CARR & FINN JJ

DATE OF ORDER: 12 NOVEMBER 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W142 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WAGE OF 2002

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGES: FRENCH, CARR & FINN JJ

DATE: 12 NOVEMBER 2002

PLACE: PERTH

REASONS FOR JUDGMENT THE COURT: 1 This is an appeal from a judgment of a Judge of this Court given on 11 December 2001. The learned primary judge dismissed the appellant's application, filed on 28 May 2001, for an order of review of a decision of the Refugee Review Tribunal ("the Tribunal"), made on 21 May 2001, affirming a decision of a delegate of the respondent not to grant the appellant a protection visa.

the appellant's claims 2 The appellant's claims to be entitled to protection as a refugee were set out in the Tribunal's reasons. They were substantially repeated in the primary judge's reasons. There is no need to repeat the details of the claims, but we will summarise them. 3 The appellant is a citizen of Iran. His claims for refugee status were based primarily on persecution feared by him by reason of his conversion to Christianity. This was associated with a claim that he had been dismissed from his employment as a construction supervisor at an oil company for reasons which included his lack of belief in Islam. 4 Furthermore, the appellant claimed that due to his rejection of Islam he had been the victim of a conspiracy which had resulted in his arrest, while travelling with a friend, for possession of about 2 kilograms of drugs. 5 The Tribunal found the applicant not to be a credible or a reliable witness in relation to various aspects of his claims. 6 In particular, it did not accept that the appellant had been truthful in relation to his claims about possession of a substantial quantity of opium. 7 The Tribunal acknowledged that the appellant might well be a genuine Christian, but was not satisfied that he was at risk of persecution for that reason. It relied upon independent country evidence for that conclusion, in particular, evidence about the treatment of Christians who choose to keep a low profile. The appellant had kept such a low profile in Iran. 8 The Tribunal considered whether the appellant would be at risk of persecution by reason of the fact that he had applied for refugee status in Australia. Again it relied upon independent evidence, which indicated that persecution was unlikely, when it rejected that claim. 9 The Tribunal also considered whether it would be reasonable for the appellant to relocate away from Ahwaz to somewhere else in Iran. This was on the basis of his claim that he had been threatened by an Islamic association in Ahwaz, being an organisation associated with the company which formerly employed him. The Tribunal took into account the appellant's skills, which were apparently in demand, and other personal circumstances. It also took into account independent country information in reaching the conclusion that genuine domestic protection was available to the appellant in various parts of Iran. 10 The Tribunal concluded that it was not satisfied that the appellant had a well-founded fear of persecution upon return to Iran.