Harirchi v Minister for Immigration & Multicultural Affairs [2001] FCA 474

FEDERAL COURT OF AUSTRALIA

Harirchi v Minister for Immigration & Multicultural Affairs [2001] FCA 474 IMMIGRATION- protection visa - application to review decision of the Refugee Review Tribunal - whether applicant member of a persecuted social group - whether the RRT failed to comply with s430 of the Migration Act 1958 (Cth) by not setting out all its findings on material questions of fact - whether the Tribunal was affected by an adverse view as to the applicant's credibility

WORDS AND PHRASES - "particular social group" Migration Act 1958 (Cth) Part 8, s430 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 applied

Prahastono v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 260 referred to

Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845,(2000) 98 FCR 469 referred to

Najarian v Minister for Immigration and Multicultural Affairs [2000] FCA 933, (2000) 175 ALR 695 referred to

Re Minister for Immigration and Multicultural Affairs; ex parte Durairajasingham (2000) 168 ALR 407 followed

NADER HARIRCHI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 194 OF 2000 MARSHALL J MELBOURNE (HEARD IN PERTH) 27 APRIL 2001

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 194 OF 2000

BETWEEN: NADER HARIRCHI

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 194 OF 2000