Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mehrabi v Minister for Immigration & Multicultural Affairs [2001] FCA 472
IMMIGRATION LAW – protection visa – refugee - review of a decision of the Refugee Review Tribunal– whether error of law by Refugee Review Tribunal – admission of evidence not before the Tribunal Migration Act 1958 (Cth) Pt 8, s 476 Ozberk v Minister for Immigration & Multicultural Affairs (1998) 79 FCR 249 followed
Minister for Immigration & Multicultural Affairs v Indatissa [2001] FCA 181 applied
ASGAR MEHRABI vMINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
W 125 OF 2000
MARSHALL J
MELBOURNE (HEARD IN PERTH)
27 APRIL 2001
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 125 OF 2000
BETWEEN: ASGAR MEHRABI
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 27 APRIL 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs, including reserved costs, if any. 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 125 OF 2000
BETWEEN: ASGAR MEHRABI
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE: 27 APRIL 2001
PLACE: MELBOURNE (HEARD IN PERTH)
REASONS FOR JUDGMENT 1 The applicant, Mr Asgar Mehrabi, is a citizen of Iran. He arrived in Australia on 20 November 1999. On 10 December 1999, Mr Mehrabi applied to the respondent for a protection visa on the alleged basis that he would face political persecution if returned to Iran. On 8 February 2000, a delegate of the respondent denied the application. Mr Mehrabi then applied to the Refugee Review Tribunal ("RRT") to review the decision. On 30 June 2000, the RRT affirmed the decision of the delegate not to grant a protection visa. On 27 July 2000, Mr Mehrabi applied to the Court for an order for review of the decision of the RRT pursuant to Part 8 of the Migration Act 1958 (Cth) ("the Act"). 2 The hearing of the application before the Court occurred on 27 February 2001. Mr Robert Lindsay of counsel appeared for Mr Mehrabi pursuant to the Court's pro bono assistance scheme under Order 80 of the Rules of Court. Mr Ari Jenshel of counsel appeared for the respondent.
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