Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dehgany v Minister for Immigration & Multicultural Affairs [2001] FCA 948
MIGRATION – refugees – Tribunal disbelieved applicant's claim to have been arrested and tortured after demonstration and generally disbelieved applicant's other claims – applicant claimed three categories of injuries had been sustained during such torture – applicant a champion boxer – Tribunal accepted medical evidence that applicant had those injuries but specifically found that they had not been sustained in the manner claimed by applicant – whether Tribunal obliged to make finding about how in fact those injuries were sustained – whether failure to do so amounted to jurisdictional error or other error of law – application dismissed.
Migration Act 1958 (Cth), s 476(1)(a), (e)
Minister for Immigration and Multicultural Affairs v Yusuf [2001] HVA 30 applied
Abebe v The Commonwealth (1999) 197 CLR 510 applied AMIR HOSHANG DEHGANY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 158 of 2000 CARR J 19 JULY 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 158 OF 2000
BETWEEN: AMIR HOSHANG DEHGANY
Applicant
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR 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. 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 158 OF 2000
BETWEEN: AMIR HOSHANG DEHGANY
Applicant
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE: 19 JULY 2001
PLACE: PERTH
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