Minister for Immigration & Multicultural Affairs v Darboy, Rahim [1998] FCA 931

FEDERAL COURT OF AUSTRALIA IMMIGRATION – application to set aside decision of Refugee Review Tribunal – whether Tribunal erred in finding that the applicant faced a real chance of persecution for reasons of religion – applicant faced punishment for adultery if returned to Iran – whether relevant penal law was a law of general application – whether laws of general application can give rise to persecution Migration Act 1958 (Cth) s 36 Migration Regulations Sch 2 part 866 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 71 ALJR 381 Abedini v US Immigration & Naturalisation Service 971 F.2d(9th Cir. 1992) Fisher v Immigration & Naturalisation Service 79 F.3d 955 (9th Cir. 1996) Saleh v US Dept of Justice 962 F.2d 234 (2nd Cir. 1992) Chanco v Immigration & Naturalisation Service 82 F.3d 298 (9th Cir. 1996) O v Immigration Appeal Tribunal [1995] Imm AR 494 (Ct of Appeal) R v Secretary of State, ex parte Jafar Danaie [1997] Imm AR 366 Bolanos Hernandez v Immigration & Naturalisation Service 767 F.2d 1277 (1984) Church of the New Faith v Commissioner of Payroll Tax (Victoria) (1983) 154 CLR 120 MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v RAHIM DARBOY NG 444 OF 1997 MOORE J SYDNEY 6 AUGUST 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 444 of 1997

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Applicant

AND: RAHIM DARBOY

Respondent

JUDGE: MOORE J

DATE OF ORDER: 6 AUGUST 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal is set aside. 2. The matter is remitted to the Refugee Review Tribunal to be reconsidered according to law. 3. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.