Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sosani v Minister for Immigration and Multicultural Affairs
[2000] FCA 1101
SOSANI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
W 22 of 2000
CARR J
8 AUGUST 2000
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 22 OF 2000
BETWEEN: SAEID GHARIBVAND SOSANI
Applicant
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 8 AUGUST 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 22 OF 2000
BETWEEN: SAEID GHARIBVAND SOSANI
Applicant
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE: 8 AUGUST 2000
PLACE: PERTH
REASONS FOR JUDGMENT
Introduction 1 This is an application for an order of review of a decision of the Refugee Review Tribunal made on 21 January 2000 in which the Tribunal affirmed the decision of a delegate of the Minister for Immigration and Multicultural Affairs not to grant a protection visa to the applicant. The applicant, who is a citizen of Iran and now 35 years of age, arrived in Australia by air and without any travel documents on 30 July 1999. He was placed in detention and has remained in detention since his arrival. 2 On 25 August 1999 the applicant lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs ("the Department"). On 27 October 1999 a delegate of the respondent refused to grant the applicant a protection visa. 3 On 2 November 1999 the applicant sought review of the delegate's decision by the Refugee Review Tribunal. The Tribunal in its reasons first set out the relevant article of the Refugee's Convention and some of the law relating to the interpretation of that article. The Tribunal referred to the applicant's claims and evidence as provided during an interview with an immigration inspector on arrival at Perth Airport, in written submissions to the Department, in further written submissions to the Tribunal and in the applicant's oral evidence given to the Tribunal on 20 December 1999.
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