Ghojavand v Minister for Immigration & Multicultural Affairs[2001] FCA 1336

FEDERAL COURT OF AUSTRALIA

Ghojavand v Minister for Immigration & Multicultural Affairs [2001] FCA 1336

ASADOLLAH GHOJAVAND v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 227 OF 2001 HILL J 22 AUGUST 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 227 OF 2001

BETWEEN: ASADOLLAH GHOJAVAND

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 22 AUGUST 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant pay the costs of the respondent Minister. 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 227 OF 2001

BETWEEN: ASADOLLAH GHOJAVAND

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE: 22 AUGUST 2001

PLACE: PERTH

REASONS FOR JUDGMENT 1 The applicant, Mr Ghojavand, is a citizen of Iran. He arrived in Australia on 21 December 2000 and applied thereafter for a protection (class XA) visa. 2 Generally speaking it is a criterion for the grant of such a protection visa that the Minister or, in the event of a review by the Refugee Review Tribunal (the "Tribunal"), the Tribunal be satisfied that the person applying is a refugee within the meaning of the 1951 Convention Relating to the Status of Refugees as affected by the 1967 Protocol Relating to the Status of Refugees (herein compendiously referred to as the "Convention"). 3 Article 1A(2) of the Convention defines a refugee to be a person who: "… owing to 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 …"