Yousefi v Minister for Immigration & Multicultural Affairs [2000] 1364

FEDERAL COURT OF AUSTRALIA

Yousefi v Minister for Immigration and Multicultural Affairs [2000] FCA 1364

MOHAMMAD TAGHI YOUSEFI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 51 of 2000 CARR J 22 SEPTEMBER 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 51 OF 2000

BETWEEN: MOHAMMAD TAGHI YOUSEFI

Applicant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 22 SEPTEMBER 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 51 OF 2000

BETWEEN: MOHAMMAD TAGHI YOUSEFI

Applicant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE: 22 SEPTEMBER 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 6 March 2000 by which the Tribunal affirmed the decision of a delegate of the respondent not to grant a protection visa to the applicant. The applicant, who is a citizen of Iran, arrived in Australia by boat on 3 September 1999 without a passport. He had used a false passport for at least part of his journey from Iran, but threw it into the sea on the last leg of his journey. On 11 November 1999 the applicant lodged his application for a protection visa with the Department of Immigration and Multicultural Affairs. On 12 January 2000 a delegate of the Minister refused to grant him a protection visa. On 14 January 2000 the applicant sought review of the delegate's decision by the Refugee Review Tribunal.