Salehi v Minister for Immigration & Multicultural Affairs [2001] FCA 1166

FEDERAL COURT OF AUSTRALIA

Salehi v Minister for Immigration & Multicultural Affairs [2001] FCA 1166

RAHMAN SALEHI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 110 of 2001 GRAY, CARR AND MOORE JJ 22 AUGUST 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 110 of 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF

AUSTRALIA

BETWEEN: RAHMAN SALEHI

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: GRAY, CARR AND MOORE JJ

DATE OF ORDER: 22 AUGUST 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. 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 110 of 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF

AUSTRALIA

BETWEEN: RAHMAN SALEHI

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: GRAY, CARR AND MOORE JJ

DATE: 22 AUGUST 2001

PLACE: PERTH

REASONS FOR JUDGMENT

THE COURT: 1 This appeal is from a judgment of a single judge of the Federal Court of Australia. The judge dismissed an application pursuant to s 476 of the Migration Act 1958 (Cth) ("the Migration Act") for review of a decision of the Refugee Review Tribunal ("the Tribunal"). The Tribunal had affirmed a decision of a delegate of the respondent not to grant to the appellant a protection visa pursuant to s 36 of the Migration Act. 2 Section 36(2) provides that a criterion for a protection visa is that the person applying for it is a non-citizen in Australia to whom Australia has protection obligations under the Refugees Convention as amended by the Refugees Protocol. By s 5(1), the term "Refugees Convention" is defined as meaning the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the term "Refugees Protocol" is defined to mean the Protocol relating to the Status of Refugees done at New York on 31 January 1967. The effect of those instruments, so far as relevant for present purposes, is that Australia has protection obligations to a person who: "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country". 3 The appellant is a citizen of Iran, who was born on 22 November 1967. He arrived in Australia on 30 April 2000 by ship from Indonesia. On 30 May 2000, the appellant made an application for a protection visa (class XA). The application was refused by a delegate of the respondent on 3 July 2000. The appellant then applied to the Tribunal for review of the delegate's decision. The Tribunal made its decision on 28 September 2000, and published lengthy reasons for decision. The appellant then applied to the Federal Court of Australia for judicial review of the Tribunal's decision. At the hearing by a single judge of the Court, the appellant was represented by counsel. The judgment from which this appeal is brought was delivered on 26 March 2001. 4 The appellant filed his notice of appeal by facsimile from the detention centre at Port Hedland on 12 April 2001. The notice of appeal consists of a typed form, to which hand-written additions have been made to supply information about the particular case. The grounds of appeal are as follows: "I would like to appeal from the whole decision and judgment which made (sic) by the judge." The orders sought in the notice of appeal are: "1. I wish to my case consider (sic) differently. 2. And also I hope my case must go back to the RRT."