Mohsen Soltanyzand v Minister for Immigration & Multicultural Affairs [2000] FCA 917

FEDERAL COURT OF AUSTRALIA

Mohsen Soltanyzand v Minister for Immigration & Multicultural Affairs [2000] FCA 917

MIGRATION – REFUGEES – application for review of decision that the applicant was not a person to whom Australia owed protection obligations – whether the interpreting service provided at the Tribunal hearing was inadequate resulting in a reviewable procedural error – whether there was a relevant departure from the required standard of interpretation – whether actual bias on Tribunal's part. Migration Act 1958 (Cth) Dabare v Minister for Immigration & Multicultural Affairs [2000] FCA 731, cited Geng v Minister for Immigration & Multicultural Affairs (1999) 93 FCR 556, referred to Ismail v Minister for Immigration & Multicultural Affairs [1999] FCA 1555, applied Kahn v Minister for Immigration & Multicultural Affairs (1998) 57 ALD 371, cited Khelifi v Minister for Immigration & Multicultural Affairs [2000] FCA 791, cited Khogali v Minister for Immigration & Multicultural Affairs [1999] FCA 1076, cited Perera v Minister for Immigration & Multicultural Affairs (1999) 92 FCR 6, applied Phan v Minister for Immigration & Multicultural Affairs (2000) 171 ALR 323, cited Sun Zhan Qui v Minister for Immigration & Multicultural Affairs (1997) 151 ALR 505 , applied Zaltni v Minister for Immigration & Multicultural Affairs [2000] FCA 399, referred to Zoeller v Federal Republic of Germany (1989) 23 FCR 282, referred to MOHSEN SOLTANYZAND V MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 166 OF 1999 CARR J 12 JULY 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 166 OF 1999

BETWEEN: MOHSEN SOLTANYZAND

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J