Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chehaily-Soby v Minister for Immigration & Multicultural Affairs
[2001] FCA 880
IMMIGRATION - refugees – protection visa – widow with children – Iranian national – member of Sabean sect – claimed persecution – sexual harassment by Muslim teacher – persecution of son – absence of protection from government authorities – disbelief of claims by Tribunal – in any event relocation reasonable – case turned on credibility findings – no ground of review – humanitarian considerations – not relevant to grant of protection visa – application dismissed. Migration Act 1958 (Cth) Randhawa v Minister for Immigration Local Government and Ethnic Affairs (1994) 52 FCR 437 cited Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 cited YASAMIN CHEHAILY-SOBY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W95 OF 2001 FRENCH J 4 JULY 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W95 OF 2001
BETWEEN: YASAMIN CHEHAILY-SOBY
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: French J
DATE OF ORDER: 4 July 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT:
The application be dismissed with 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 W95 OF 2001
BETWEEN: YASAMIN CHEHAILY-SOBY
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: French J
DATE: 4 July 2001
PLACE: PERTH
REASONS FOR JUDGMENT
Introduction 1 The applicant is a citizen of Iran who arrived in Australia on 20 June 2000 without authorisation on a boat from Indonesia. On 23 July an application was lodged for her and her children for the issue of protection class XA visas with the Department of Immigration and Multicultural Affairs, that is to say, visas granted on the basis that their recipients are entitled to the benefit of Australia's protection obligations under the Refugee Convention. A delegate of the Minister refused the grant of the visas on 21 December and subsequently an application was made to the Refugee Review Tribunal for review of the delegate's decision. On 26 March, the Tribunal affirmed the decision not to grant protection visas. An application was made to this Court on 3 April for an order of review of the Tribunal's decision under Part 8 of the Migration Act 1958 (Cth).
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