Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
W26 v Minister for Immigration & Multicultural Affairs [2001] FCA 927
MIGRATION – judicial review – Refugee Review Tribunal – Iranian national – principal claims disbelieved by Tribunal – applicant in possession of satellite dish banned by Iranian law – law of general application – no basis for concluding well-founded fear of persecution on Convention ground – test for assessing claims – real chance test – whether, notwithstanding adverse findings there was a real chance of persecution for a Convention reason – strong findings implicitly excluded such an hypothesis – application dismissed. Migration Act 1958 (Cth) Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 cited Chen Shin Hai v Minister for Immigration and Multicultural Affairs (2000) 170 ALR 553 cited W26 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W26 OF 2001 FRENCH J 18 JULY 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W26 OF 2001
BETWEEN: W26
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 18 JULY 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application is 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 W26 OF 2001
BETWEEN: W26
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH J
DATE: 18 JULY 2001
PLACE: PERTH
REASONS FOR JUDGMENT
Introduction 1 The applicant is a national of Iran who was born on 24 February 1966. He is an electrician by occupation. He is married with one child, born on 2 January 1999. He arrived in Australia by boat from Indonesia on 12 September 2000. His wife and child remained in Iran. On 27 September 2000, he applied for a protection visa which was refused on 17 October 2000 by a delegate of the Minister for Immigration and Multicultural Affairs. He lodged an application for review of that decision with the Refugee Review Tribunal on 19 October 2000. On 2 January 2001, the Tribunal affirmed the decision not to grant him a protection visa. By an application filed on 31 January 2001 he sought an order of review of the decision of the Tribunal.
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