P v Minister for Immigration and Multicultural Affairs [2001] FCA 989

FEDERAL COURT OF AUSTRALIA

P v Minister for Immigration and Multicultural Affairs [2001] FCA 989

MIGRATION – Refugee claim – Refusal of Refugee Review Tribunal to grant protection visa – Tribunal rejected authenticity of an Iranian document described, in an "unofficial translation", as a "warrant" – Reason for rejection was that a warrant, unlike a summons, would not be given out by Iranian authorities – Tribunal member used perceived inauthenticity of the document as a reason for rejecting applicant's credibility – Tribunal failed to consider possibility that translator mistranslated the title of the document – Tribunal failed to direct any investigation of the authenticity of the document, despite being aware of offer by the Australian Embassy in Teheran to check authenticity of Iranian legal documents – Whether these failures provided a ground of review within jurisdiction of the Federal Court – Reference to error of law, reliance on irrelevant material and no evidence grounds of review. Migration Act 1958 ss 427(1)(d), 476. P v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 35 of 2001 WILCOX J 31 JULY 2001 SYDNEY (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA W 35 of 2001

DISTRICT REGISTRY

BETWEEN: P

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: WILCOX J DATE OF ORDER: 31 JULY 2001

WHERE MADE: SYDNEY (HEARD IN PERTH)

THE COURT ORDERS THAT: 1. The Court record be amended to identify the applicant, in all published documents, only as "P". 2. The application be dismissed. 3. 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