Farajvand v Minister for Immigration and Multicultural Affairs [2001] FCA 795

FEDERAL COURT OF AUSTRALIA

Farajvand v Minister for Immigration and Multicultural Affairs [2001] FCA 795 MIGRATION – application for order of review of decision of Refugee Review Tribunal to affirm decision of delegate of Minister not to grant a protection visa – claim of sur place fear of persecution for reasons of religion – error of law by Tribunal in interpretation and application of law to facts as found – alternatively jurisdictional error – application allowed Migration Act 1958 (Cth) ss 476(1)(e), 476(1)(b) Minister for Immigration and Multicultural Affairs v Zheng [2000] FCA 50 referred to Wang v Minister for Immigration and Multicultural Affairs (2000) 179 ALR 1 followed Minister for Immigration and Multicultural Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Chen Shi Hai v Minister for Immigration and Multicultural Affairs (1999-2000) 201 CLR 293 referred to Craig v South Australia (1995) 184 CLR 163 referred to Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 applied JAFAR FARAJVAND v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N591 of 2001 JUDGE: ALLSOP J DATE: 20 JUNE 2001 PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N591 of 2001

BETWEEN: JAFAR FARAJVAND

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 20 JUNE 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: (1) The application is allowed and the decision of the Refugee Review Tribunal under review made on 10 April 2001 affirming the decision of the delegate of the Minister made on 31 January 2001 be set aside. (2) The matter be remitted to the Tribunal differently constituted for further consideration according to law. (3) The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.