Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aala v Minister for Immigration & Multicultural Affairs
[2001] FCA 1015
IMMIGRATION – where applicant engaged in activities deemed to be illegal under law of country of origin – whether a law of general application or politically motivated – whether no evidence for findings Migration Act 1958 (Cth) ss 476(1)(e), 476(1)(g), 476(4)(b) X v Minister for Immigration & Multicultural Affairs [1997] FCA 1441 referred to Wang v Minister for Immigration & Multicultural Affairs [2001] FCA 448 referred to Applicant A v Minister for Immigration & Multicultural Affairs (1997) 190 CLR 225 referred to Minister for Immigration & Multicultural Affairs v Indatissa [2001] FCA 181 applied Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 applied Minister for Immigration & Multicultural Affairs v Respondent A & B (1995) 57 FCR 309 referred to
MANSOUR AALA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 846 OF 2001 GYLES J SYDNEY 31 JULY 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 846 OF 2001
BETWEEN: MANSOUR AALA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: GYLES J
DATE OF ORDER: 31 JULY 2001
WHERE MADE: SYDNEY
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
NEW SOUTH WALES DISTRICT REGISTRY N 846 OF 2001
BETWEEN: MANSOUR AALA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: GYLES J
DATE: 31 JULY 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for an order of review of a decision of the Refugee Review Tribunal ("the Tribunal") which confirmed the decision of the delegate of the respondent Minister for Immigration and Multicultural Affairs to refuse the applicant, Mansour Aala, a protection visa pursuant to the Migration Act 1958 (Cth) ("the Act"). 2 The applicant is a citizen of Iran. He arrived in Australia as a visitor in August 1991 and applied for a protection visa in August 1996. The decision in issue in this case is the third by the Tribunal, following decisions by this Court (see X v Minister for Immigration & Multicultural Affairs [1997] FCA 1441) and the High Court (see Re Refugee Review Tribunal; ex parte Aala (2000) 75 ALJR 52; (2000) 176 ALR 219).
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