Abarghan v Minister for Immigration & Multicultural Affairs [2001] FCA 1246

FEDERAL COURT OF AUSTRALIA

Abarghan v Minister for Immigration & Multicultural Affairs [2001] FCA 1246 REZA B ABARGHAN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 56 OF 2001 EMMETT J 31 JULY 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 56 OF 2001

BETWEEN: REZA G ABARGHAN

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 31 JULY 2001

WHERE MADE: PERTH

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

WESTERN AUSTRALIA DISTRICT REGISTRY W 56 OF 2001

BETWEEN: REZA G ABARGHAN

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE: 31 JULY 2001

PLACE: PERTH

REASONS FOR JUDGMENT

1 The applicant is a citizen of Iran who arrived in Australia in November 2000 with his wife and two children. On 12 November 2000, they applied for Protection (Class XA) visas. On 7 December 2000, a delegate of the respondent, the Minister for Immigration and Multicultural Affairs ("the Minister") made a decision refusing the applications. On 8 December 2000, the applicants lodged an application to the Refugee Review Tribunal ("the Tribunal") for review of the delegate's decision. On 20 February 2001, the Tribunal affirmed the decision not to grant protection visas.

2 Only the present applicant, Reza Ghanbary Aghdam Abarghan, made specific claims under the 1951 Convention Relating to the Status of Refugees as amended by the Refugees Protocol ("the Convention"). The applicant's wife and children claimed to be members of his family unit and combined their applications with his application as is permitted by the Migration Regulations 1994.