Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mehrabani v Minister for Immigration & Multicultural Affairs [2001] FCA 883
MIGRATION – application for review of decision by Refugee Review Tribunal to affirm decision of respondent's delegate to refuse the grant of a protection visa – whether the Tribunal erred in law or fell into jurisdictional error. Minister for Immigration and Multicultural Affairs v Yusuf; Minister for Immigration and Multicultural Affairs v Israelian [2001] HCA 30 referred to ALI REZA MEHRABANI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 197 of 2000 CARR J 11 JULY 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 197 OF 2000
BETWEEN: ALI REZA MEHRABANI
Applicant
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 11 JULY 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. 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 197 OF 2000
BETWEEN: ALI REZA MEHRABANI
Applicant
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE: 11 JULY 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 31 October 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, who is a national of Iran, arrived in Australia illegally in July 2000. His evidence was that he departed from Iran via Tehran airport using a false Iraqi passport (photo substitution) which he had returned to the people smuggler who arranged his travel to this country, eventually from Indonesia. In his protection visa application, the applicant stated that he had "ripped up" his passport. On 23 July 2000 the applicant applied for a protection visa. On 30 August 2000 a delegate of the respondent refused to grant him a protection visa. On 5 September 2000 the applicant sought review of the delegate's decision by the Refugee Review Tribunal.
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