Kheirollahpoor v Minister for Immigration & Multicultural Affairs [2000] FCA 1350

FEDERAL COURT OF AUSTRALIA

Kheirollahpoor v Minister for Immigration and Multicultural Affairs [2000] FCA 1350

MIGRATION – application for protection visa – refugee sur place – political opinion – asserted fear of persecution based on activities in Australia – series of about fifteen interviews on foreign language radio programme – applicant made comments critical of the Iranian regime – in all but one of those programmes applicant identified himself only by first name and by reference to his detention at Port Hedland Detention Centre – in last programme applicant identified himself by giving his full name and by referring to his place of detention – Tribunal found that sole purpose of that broadcast was to create a pretext to invoke a well-founded fear of persecution if returned to Iran – Tribunal found further that Iranian authorities would take the same view and would not persecute the applicant – whether Tribunal erred in law – whether Tribunal further erred by failing to make material findings of fact – whether Tribunal obliged to make findings as to whether the final broadcast would have enabled the Iranian authorities to identify the applicant as having made the other political broadcasts critical of the Iranian authorities – whether Tribunal erred in failing to make findings about (a) whether such broadcasts constituted a political offence under Iranian law and (b) whether persecution under such law was persecution for political opinion.

Migration Act 1958 (Cth), ss 425, 430, 476(1)(g), 476(4) Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100 referred to A v Minister for Immigration and Multicultural Affairs [2000] FCA 993 not followed Yilan v Minister for Immigration and Multicultural Affairs [1999] FCA 854 (25 June 1999) referred to Nefiodova v Minister for Immigration and Multicultural Affairs [2000] FCA 179 (28 February 2000) referred to Arudselvan v Minister for Immigration and Multicultural Affairs [1999] FCA 622 referred to Guden v Minister for Immigration and Multicultural Affairs [2000] FCA 236 followed Pat Tai Choi v Minister for Immigration and Multicultural Affairs, unreported, Federal Court of Australia Judgment No. 1556, 2 December 1998 followed Tuli v Minister for Immigration and Multicultural Affairs [1999] FCA 271 followed Minister for Immigration and Multicultural Affairs v Capitly [1999] FCA 193 referred to Budiyal v Minister for Immigration and Multicultural Affairs (1998) 82 FCR 166 cited Minister for Immigration and Multicultural Affairs v Cho (1999) 92 FCR 315 cited De Silva v Minister for Immigration and Multicultural Affairs [2000] FCA 765 followed Minister for Immigration and Multicultural Affairs v Mohammed [2000] FCA 576 followed Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845 followed