Soleimani v Minister for Immigration & Multicultural Affairs [2001] FCA 886

FEDERAL COURT OF AUSTRALIA

Soleimani v Minister for Immigration & Multicultural Affairs [2001] FCA 886 Migration Act 1958(Cth) ss 476 and 478 Federal Court Rules O 54B r 2 MASHALLAH SOLEIMANI v MINISTER FOR IMMIGRATION and MULTICULTURAL AFFAIRS S 46 of 2001 BRANSON J ADELAIDE 12 JULY 2001

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 46 of 2001

BETWEEN: MASHALLAH SOLEIMANI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 12 JULY 2001

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal be affirmed. 2. The applicant pay the costs of the respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 46 of 2001

BETWEEN: MASHALLAH SOLEIMANI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: BRANSON J

DATE: 12 JULY 2001

PLACE: ADELAIDE

REASONS FOR JUDGMENT

INTRODUCTION 1 By an application filed on 24 April 2001 Mashallah Soleimani ("Mr Soleimani"), a national of Iran, has sought judicial review of a decision of the Refugee Review Tribunal dated 29 March 2001. By its decision the Tribunal affirmed a decision of a delegate of the respondent that Mr Soleimani is not entitled to a Protection (Class XA) Visa. 2 A criterion for the grant of a protection visa is that the visa applicant is a non-citizen in Australia to whom Australia has protection obligations under the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol relating to the Status of Refugees done at New York on 31 January 1967 (together referred to as "The Refugees Convention"). Australia will have protection obligations under the Refugees Convention to Mr Soleimani if he is a person who: "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country…."