Mogaddham v Minister for Immigration & Multicultural Affairs [2000] FCA 107

FEDERAL COURT OF AUSTRALIA

Moghaddam v Minister for Immigration & Multicultural Affairs [2000] FCA 107

MIGRATION – application for review – decision of Refugee Review Tribunal affirming delegate's decision of refusal of protection visa – whether Tribunal in error of law – whether error in incorrect interpretation of applicable law - whether error in incorrect application of the law to the facts as found by the Tribunal – whether jurisdiction to find error in that Tribunal made findings of fact not rationally supported by probative evidence – whether no evidence ground made out Migration Act 1968 (Cth) s 476 Administration Decisions (Judicial Review) Act 1977 (Cth) s 5(3) Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 Fernando v Minister for Immigration & Multicultural Affairs [1999] FCA 962 Vichlenkova v Minister for Immigration & Multicultural Affairs [1999] FCA 1338 Pat Tai Choi v Minister for Immigration & Multicultural Affairs [1998] FCA 1156 Tuli v Minister for Immigration & Multicultural Affairs [1999] FCA 271 HOOSHANG YOSAFPOOR MOGHADDAM v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 78 of 1999 R D NICHOLSON J 9 FEBRUARY 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 78 OF 1999

BETWEEN: HOOSHANG YOSAFPOOR MOGHADDAM

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGE: R D NICHOLSON J

DATE OF ORDER: 9 FEBRUARY 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant 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 W 78 OF 1999

BETWEEN: HOOSHANG YOSAFPOOR MOGHADDAM