Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mossavian v Minister for Immigration & Multicultural Affairs [2001] FCA 1488 Migration Act 1958 (Cth) ss 476, 476(1)(e), 476(1)(g), 476(4) SIAVASH MOSSAVIAN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W122 of 2001 RD NICHOLSON J 24 OCTOBER 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W122 of 2001
BETWEEN: SIAVASH MOSSAVIAN
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: RD NICHOLSON J
DATE OF ORDER: 24 OCTOBER 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. 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 W122 of 2001
BETWEEN: SIAVASH MOSSAVIAN
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: RD NICHOLSON J
DATE: 24 OCTOBER 2001
PLACE: PERTH
REASONS FOR JUDGMENT 1 The applicant, a citizen of Iran, arrived in Australia illegally and undocumented by boat on 3 November 2000. He lodged an application for a protection (class XA) visa with the Department of Immigration and Multicultural Affairs ("DIMA") under the Migration Act 1958 (Cth) ("the Act") on 24 November 2000. Visa class XA includes two subclasses: 785 (Temporary protection) and 866 (Protection). 2 A delegate of the Minister refused to grant a protection (class XA) visa to the applicant on 22 December 2000. 3 The applicant sought review of that decision by the Refugee Review Tribunal ("the Tribunal") on 29 December 2000. The Tribunal affirmed the decision not to grant a protection visa on 5 March 2001. 4 The applicant now applies to this Court under s 476 of the Act to review the decision of the Tribunal. Although the Act has recently been extensively amended, it is accepted for the respondent that none of the amendments has any application here. 5
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