Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mehrabani v Minister for Immigration and Multicultural Affairs [2001] FCA 1693 MIGRATION – appeal from review of a decision of Refugee Review Tribunal refusing a protection visa – matters not raised before Tribunal or primary judge – leave not given to amend notice of appeal nor to adduce fresh evidence – grounds raised only dispute factual findings – no error of law – appeal dismissed. Migration Act 1958 (Cth) s 476 Minister for Immigration and Multicultural Affairs v Jia (2001) 178 ALR 421 referred to Coulton v Holcombe (1986) 162 CLR 1 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 160 ALR 543 referred to Thanh Phat Ma v Billings (1996) 71 FCR 431 referred to Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719 referred to Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Ali Reza Mehrabani v Minister for Immigration and Multicultural Affairs W327 of 2001 NORTH, GYLES and ALLSOP JJ PERTH 29 NOVEMBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W327 of 2001
On appeal from a decision of a single judge of the Federal Court of Australia
BETWEEN: ALI REZA MEHRABANI
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: NORTH, GYLES AND ALLSOP JJ
DATE OF ORDER: 29 NOVEMBER 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application to amend the notice of appeal be dismissed as to grounds 2, 3, 4, 5, 7 and 8. 2. Leave is granted to the appellant to amend the notice of appeal to raise ground 1 set out in the document headed "Amended Notice of Appeal". 3. The application to adduce fresh evidence is dismissed. 4. The appeal is dismissed. 5. The appellant is to pay the respondent's costs including costs of the application to amend the notice of appeal and the application to adduce fresh evidence. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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