Ahmadi v Minister for Immigration and Multicultural Affairs [2001] FCA 1070

FEDERAL COURT OF AUSTRALIA

Ahmadi v Minister for Immigration and Multicultural Affairs [2001] FCA 1070

MIGRATION – Refugee application – Judicial review of decision of Refugee Review Tribunal affirming refusal of protection visa – Claim of fear of persecution by reason of religion – Applicant claimed to have long been critical of Islamic orthodoxy and practices – Applicant claimed to have been denied government employment for "not praying" and to have become a Christian since arrival in Australia – Reference in Tribunal's reasons to friend of applicant warning him he was mortad because of his comments about religious matters – Tribunal disbelieved evidence of the warning on the basis that applicant had "changed his evidence" – Whether there was evidence or other material to justify the finding of changed evidence – Tribunal accepted that applicant was excluded by reason of religion from public employment but said this was not "persecution" because applicant could obtain private employment in a different field – Whether Tribunal fell into error of law in failing to appreciate necessity of making a judgment of degree in relation to exclusion from public employment – Whether Tribunal erred in relation to finding about applicant's likely reception on return to Iran. Migration Act 1958 s 476(1)(a), (g) and (4). BABAK AHMADI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 27 of 2001 WILCOX J 8 AUGUST 2001 MELBOURNE (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA W 27 of 2001

DISTRICT REGISTRY

BETWEEN: BABAK AHMADI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 8 AUGUST 2001

WHERE MADE: MELBOURNE (HEARD IN PERTH)

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal be set aside. 2. The matter be remitted to the said Tribunal to be redetermined according to law and, for that purpose, the Tribunal be constituted by a member or members other than the member who made the decision set aside. 3. The respondent, Minister for Immigration and Multicultural Affairs, pay the costs (if any) incurred by the applicant, Babak Ahmadi, in connection with the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.