Salehi v Minister for Immigration & Multicultural Affairs [2001] FCA 310

FEDERAL COURT OF AUSTRALIA

Salehi v Minister for Immigration & Multicultural Affairs [2001] FCA 310 Migration Act 1958 (Cth) s 476, 476(1)(e), 476(1)(g), 476(4) RAHMAN SALEHI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 178 of 2000 R D NICHOLSON J 26 MARCH 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 178 of 2000

BETWEEN: RAHMAN SALEHI

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: R D NICHOLSON J

DATE OF ORDER: 26 MARCH 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application for review be dismissed. 2. The applicant pay the respondent'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 W 178 of 2000

BETWEEN: RAHMAN SALEHI

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: R D NICHOLSON J

DATE: 26 MARCH 2001

PLACE: PERTH

REASONS FOR JUDGMENT 1 This is an application brought pursuant to s 476 of the Migration Act 1958 (Cth) ("the Act") for review of a decision of a Refugee Review Tribunal ("the Tribunal") made on 28 September 2000. The decision affirmed the decision of a delegate of the respondent not to grant to the applicant a protection visa (class XA). Relevant law 2 Under s 36(2) of theAct a non- citizen in Australia is eligible for a protection visa if that person is someone: "… to whom Australia has protection obligations under the Refugees Convention as amended by the Refugees Protocol." The Refugees Convention is the Convention Relating to the Status of Refugees 1951 and the Refugees Protocol is the Protocol Relating to the Status of Refugees 1967. The expression "Convention" will be used to mean the Convention as amended by the Protocol. 3 Article 1a(2) of the Convention defines a "refugee" to be any person who: "…owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it".