Amiri v Minister for Immigration and Multicultural Affairs [2001] FCA 1262

FEDERAL COURT OF AUSTRALIA

Amiri v Minister for Immigration and Multicultural Affairs [2001] FCA 1262 DAVOOD HOSSEIN AMIRI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO S21 OF 2001 O'LOUGHLIN J ADELAIDE 22 MAY 2001

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S21 OF 2001

BETWEEN: DAVOOD HOSSEIN AMIRI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 22 MAY 2001

WHERE MADE: ADELAIDE

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

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S21 OF 2001

BETWEEN: DAVOOD HOSSEIN AMIRI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: O'LOUGHLIN J

DATE: 14 AUGUST 2001

PLACE: ADELAIDE

EX TEMPORE REASONS FOR JUDGMENT 1 I have considered all of the material that was put forward on the applicant's behalf, but it is not for this court to decide whether he should or should not be treated as a refugee. That was the task of the departmental officer when he first interviewed Davood on 2 April 2000. That was the task of the Refugee Review Tribunal ("the Tribunal") when Davood asked for a second hearing on 30 January 2001. Today all I am able to do is to review what the Tribunal said and did to see whether the Tribunal made a mistake when it came to its decision. Even though I tried to explain that to Davood, he has spoken today a lot about Christianity. He has spoken to me as if he wishes me to re-examine his application to be a refugee. That is what I cannot do. 2 Having read all of the papers, having listened to what he has said today, I cannot find any mistake in the Tribunal's findings. The very grave difficulty that Davood faces is that, on his own story, he did not tell the truth to the departmental officer when the first arrived in Australia. His story is that he believes in Christianity; that he has read the Bible; that in April 1999 he started attending secret meetings; that in September 1999 he, his brother and his sister got into trouble with the Basiji because they were wearing crosses around their necks. 3 He heard of the Basiji raiding a secret meeting of Christians at which he was not present but then, he says, they raided his house, found a Bible, seized it, and arrested his father. He said he was advised to leave the country or face death. That story, if it is true, is a dreadful story. If that story were true, one would expect him to have told at least part of it when he first arrived in Australia. When he was first interviewed by the officer from the Immigration Department he was told: "This interview is your opportunity to provide any reasons why you should not be removed from Australia."