Mahmoodi v Minister for Immigration & Multicultural Affairs [2001] FCA 1090

FEDERAL COURT OF AUSTRALIA

Mahmoodi v Minister for Immigration & Multicultural Affairs [2001] FCA 1090

MIGRATION – protection visa – application for review of a decision of the Refugee Review Tribunal – whether the RRT erred in law by not considering whether the applicant, as a member of a particular social group of "able-bodied" Afghan males, might be persecuted by reason of his membership of such a group – whether "able-bodied Afghan males" could amount to a particular social group – laws of general application – conscription – whether conduct constituting persecution – conscription could be reasonably considered to be a legitimate object of the refugee's country Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 applied Gomez v Immigration and Naturalisation Service (1991) 947 F 2d 660 considered Ram v Minister for Immigration and Ethnic Affairs and the Refugee Review Tribunal (1995) 57 FCR 565 considered Applicant Z v Minister for Immigration and Multicultural Affairs [2001] FCA 881 not followed Khawar v Minister for Immigration and Multicultural Affairs (1999) 168 ALR 190 distinguished Minister for Immigration and Multicultural Affairs v Khawar (2000) 178 ALR 120 distinguished SAYED FAISAL MAHMOODI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 126/01 TAMBERLIN J PERTH 6 AUGUST 2001

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 126 OF 2001

BETWEEN: SAYED FAISAL MAHMOODI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 6 AUGUST 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: The application for review is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.