Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ferhadieh v Minister for Immigration & Multicultural Affairs
[2001] FCA 1682 MIGRATION – protection visa – appeal from order dismissing application for review of decision of Refugee Review Tribunal appeal – question of fact Migration Act 1958 (Cth) s 48B HOSHANG FERHADIEH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 290 of 2001 JUDGES: SPENDER, MERKEL AND ALLSOP JJ DATE: 28 NOVEMBER 2001 PLACE: PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIADISTRICT REGISTRY W 290 OF 2001
On appeal from a single Judge of the Federal Court of Australia
BETWEEN: HOSHANG FERHADIEH
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT JUDGES: SPENDER, MERKEL AND ALLSOP JJ
DATE OF ORDER: 28 NOVEMBER 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal to be taxed if not agreed.
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 290 OF 2001
On appeal from a single Judge of the Federal Court of Australia
BETWEEN: HOSHANG FERHADIEH
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: SPENDER, MERKEL AND ALLSOP JJ
DATE: 28 NOVEMBER 2001
PLACE: PERTH
REASONS FOR JUDGMENT SPENDER J: 1 I agree with the reasons of Merkel J and with his proposal concerning the disposition of the appeal. I want to add only the following observation: the focus of the appellant on the appeal was on documents which relate to land in the appellant's country. The appellant advanced the subjective view that the authorities were using knowledge of the appellant's conversion to the Zoroastrian religion to defeat his claims for compensation concerning that land which prompted him to flee his country. 2 My present understanding of the documents on which the appellant relies is that they do not establish or tend to prove this subjective fear for the claimed reason of his religious conversion. 3 Even if my understanding of what the documents prove or tend to prove is wrong, the question of the religion of the appellant is one of fact and is anterior to the
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