Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Farahanipour
[2000] FCA 605
MIGRATION – refugees – refugees sur place – political opinion – imputed political opinion – asserted fear of persecution based on activities in Australia – respondents found not to be refugees upon departure from Iran – publication in Australia of interview in Iranian newspaper which opposed the Iranian government – sole purpose of newspaper interview was to create pretext for claim to well-founded fear of persecution – whether Tribunal erred in applying first instance decision in Mohammed v Minister for Immigration and Multicultural Affairs [1999] FCA 868 – Full Court (by majority) subsequently dismissed appeal in Mohammed – whether conflict between Full Court decision in Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100 and Full Court decision in Mohammed – whether judge at first instance bound to follow Mohammed even if perceived to be in conflict with Somaghi – Somaghi carefully considered both at first instance and on appeal in Mohammed – whether any relevant factual distinction from Mohammed.
Migration Act 1958 (Cth)
Mohammed v Minister for Immigration and Multicultural Affairs [1999] FCA 868 applied
Minister for Immigration and Multicultural Affairs v Mohammed [2000] FCA 576 applied
Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100 referred to
Danian v Secretary of State for the Home Department, unreported 28 October 1999 referred to
Li Shi Ping v Minister for Immigration, Local Government and Ethnic Affairs (1994) 35 ALD 557 referred to
Li Shi Ping v Minister for Immigration, Local Government and Ethnic Affairs (1994) 35 ALD 225 referred to
Khan v Minister for Immigration and Multicultural Affairs (1997) 47 ALD 19 referred to
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