Khalili Vahed v Minister for Immigration & Multicultural Affairs [2001] FCA 1404

FEDERAL COURT OF AUSTRALIA

Khalili Vahed v Minister for Immigration & Multicultural Affairs [2001] FCA 1404 HAMID REZA KHALILI VAHED v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S33 of 2001 FINN J ADELAIDE 4 OCTOBER 2001 IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S33 OF 2001

BETWEEN: HAMID REZA KHALILI VAHED

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 4 OCTOBER 2001

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be dismissed. 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 S33 OF 2001

BETWEEN: HAMID REZA KHALILI VAHED

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: FINN J

DATE: 4 OCTOBER 2001

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 The applicant, Hamid Reza Khalili Vahed, is an Iranian who has had his application under the Migration Act 1958 (Cth) ("the Act") for a protection visa refused by the Refugee Review Tribunal. The grounds of his application related to his homosexuality, and to the treatment in Iran of homosexuals and of homosexual activity. 2 While the Tribunal accepted that Mr Khalili Vahed was a homosexual (though expressing doubts in this regard), it found significant aspects of his evidence to be internally inconsistent and inconsistent with the independent evidence. It did not consider the applicant to be a credible or reliable witness. 3 The application to this Court focuses on quite discrete matters. For this reason it is unnecessary to provide a general account of the claims made, the evidence and the Tribunal's reasons. To the extent necessary these will be mentioned in the context of each individual challenge made to the Tribunal's decision in this proceeding.