Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dobari v Minister for Immigration and Multicultural Affairs [2001] FCA 524
MIGRATION – review of decision by Refugee Review Tribunal affirming respondent's refusal to grant protection visa – claims of likely persecution for reasons of religion – Tribunal disbelieved those claims and further claims of persecution for reasons of political opinion – whether Tribunal erred in failing to set out its findings on a material fact – whether Tribunal otherwise erred in law – whether there was no evidence or other material to justify the making of the decision – whether decision based on one or other of three "particular facts" which did not exist. Migration Act 1958 (Cth), ss 430(1)(c), 476(1)(a), (g), 476(4)(b)
Minister for Immigration and Multicultural Affairs v Rajamanikkam [2000] FCA 1023 referred to Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181 applied BABAK DOBARI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 7 of 2001 CARR J 4 MAY 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W7 OF 2001
BETWEEN: BABAK DOBARI
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 4 MAY 2001
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 W7 OF 2001
BETWEEN: BABAK DOBARI
Applicant
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE: 4 MAY 2001
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 19 December 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 is a citizen of Iran. On 10 July 2000 he arrived in Australia, eventually via Indonesia, having torn up his Iranian passport before arrival. On 4 September 2000 the applicant applied for a protection visa. On 16 November 2000 a delegate of the respondent refused to grant him a protection visa. On 17 November 2000 the applicant sought review of the delegate's decision by the Refugee Review Tribunal.
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