Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
G v Minister for Immigration & Multicultural Affairs [2000] FCA 1595
CITIZENSHIP AND MIGRATION – refugees – refugee sur place – claim for Protection Visa refused – claim of persecution and risk of persecution found to be false – evidence of risk of persecution for returning asylum seekers on the basis of perceived political opinion – risk not considered by Tribunal or addressed in reasons – failure to make finding on material question of fact. Migration Act 1958 (Cth) Minister for Immigration & Multicultural Affairs v Mohammed (2000) 98 FCR 405 Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 469 G V MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W31 OF 2000 FRENCH J 9 NOVEMBER 2000 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W31 OF 2000
BETWEEN: 'G'
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 9 NOVEMBER 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The decision of the Tribunal affirming the decision to refuse the applicant a Protection Visa be set aside. 2. The matter be remitted to the Tribunal for re-consideration according to law. 3. The respondent pay the applicant's costs of the application. 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 W31 OF 2000
BETWEEN: 'G'
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH J
DATE: 9 NOVEMBER 2000
PLACE: PERTH
REASONS FOR JUDGMENT
Introduction 1 A national of Iraq departed from that country in July 1999 and found his way to Australia by boat using the services of a people smuggler out of Indonesia. He was taken into detention at Port Hedland and applied for a Protection Visa invoking the Refugee Convention. That application was refused by a delegate of the Minister for Immigration & Multicultural Affairs and later on review by the Refugee Tribunal, which held his claims of feared persecution to be false. He now applies to this Court for review of the Tribunal decision in part, upon the basis that the Tribunal failed to consider the risk to which he would be exposed as an unsuccessful asylum seeker if returned to Iraq. Although no application is made to this Court for his anonymity he will be designated for the purposes of the published judgment as 'G'.
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