Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mashayekhi v Minister for Immigration & Multicultural Affairs [2000] FCA 321 IMMIGRATION – Protection visa – Fear of religious persecution by reason of conversion to Christianity in Iran – Relevance of cultural and religious difference to adverse credibility findings Migration Act 1958 (Cth) – s 476(1)(g)
Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 - cited Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 88 FCR 547 - considered SASAN MASHAYEKHI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 0077 of 1999 JUDGE: MERKEL J DATE: 22 MARCH 2000 PLACE: MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 0077 OF 1999
BETWEEN: SASAN MASHAYEKHI
APPLICANT
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT JUDGE: MERKEL J
DATE OF ORDER: 22 MARCH 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's taxed costs of the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 0077 OF 1999
BETWEEN: SASAN MASHAYEKHI
APPLICANT
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MERKEL J
DATE: 22 MARCH 2000
PLACE: MELBOURNE
REASONS FOR JUDGMENT Introduction 1 The applicant, a citizen of Iran, arrived in Australia on 2 November 1998. He applied for a protection visa on the ground that he was a refugee and therefore a person to whom Australia has protection obligations under the United Nations Convention relating to the Status of Refugees 1951 as amended by the 1967 Protocol relating to the Status of Refugees ("the Convention"). His application was refused and the refusal was affirmed by the Refugee Review Tribunal ("the RRT"). The applicant has applied to the Court for the review of the decision of the RRT under Part 8 of the Migration Act 1958 (Cth) ("the Act").
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