Bakhtyar v Minister for Immigration & Multicultural Affairs [2001] FCA 947

FEDERAL COURT OF AUSTRALIA

Bakhtyar v Minister for Immigration & Multicultural Affairs [2001] FCA 947

IMMIGRATION - review of decision of Refugee Review Tribunal – no evidence ground – expression of minimum rationality principle – mere illogicality not a ground of review Migration Act 1958 (Cth) s 476

Airo-Farulla, Rationality and Judicial Review of Administrative Action in "An Australian Retrospective" Vol 24, No 3, 2000 MULR 543-575

Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 cited Attorney-General (NSW) v Quinn (1990) 170 CLR 1 cited Minister for Immigration and Multicultural Affairs v Al Miahi [2001] FCA 744 cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Roads Corporation v Dacakis (1995) 2 VR 508 cited Minister for Immigration and Multicultural Affairs v Epeabaka (1998) 84 FCR 411 cited Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274 cited Gamaethige v Minister for Immigration and Multicultural Affairs [2001] FCA 565 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 cited Jegatheeswaran v Minister for Immigration and Multicultural Affairs [2001] FCA 865 cited ABDUL HANAN BAKHTYAR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W47 of 2001 FRENCH J 19 JULY 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W47 OF 2001

BETWEEN: ABDUL HANAN BAKHTYAR

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 19 July 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The Applicant pay the Respondent's costs.