Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant Z v Minister for Immigration and Multicultural Affairs
[2001] FCA 1714
MIGRATION – application for protection visa – meaning of "persecution" – whether Refugee Review Tribunal applied the correct test – whether Tribunal erred in law in equating persecution with "serious harm". Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 applied Gersten v Minister for Immigration and Multicultural Affairs [2000] FCA 855 referred to Kord v Minister for Immigration and Multicultural Affairs [2001] FCA 1163 not followed APPLICANT Z v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 211 of 2001 CARR J 4 DECEMBER 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 211 OF 2001
BETWEEN: APPLICANT Z
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 4 DECEMBER 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. 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 211 OF 2001
BETWEEN: APPLICANT Z
Applicant
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE: 4 DECEMBER 2001
PLACE: PERTH
REASONS FOR JUDGMENT
introduction 1 This is an application for an order of review of a decision of the Refugee Review Tribunal, made on 14 May 2001, by which the Tribunal affirmed the decision of a delegate of the respondent not to grant a protection visa to the applicant. The applicant, who is a citizen of Iran, arrived in Australia on 18 October 2000. On 9 November 2000 he lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs under the Migration Act 1958 ("the Act"). On 13 December 2000 a delegate of the respondent refused to grant a protection visa and on 15 December 2000 the applicant applied for review of that decision.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate