Kianfar v Minister for Immigration and Multicultural Affairs [2001] FCA 1754

FEDERAL COURT OF AUSTRALIA

Kianfar v Minister for Immigration and Multicultural Affairs [2001] FCA 1754

MIGRATION – application for protection visa – Tribunal made credibility findings in favour of applicant – found that applicant had used satellite dish to videotape political programmes from a television station in USA and also a Mujehadin programme broadcast from the United Kingdom – Tribunal accepted that applicant had made copies of the tape and distributed those copies to friends and family members – Tribunal also accepted that applicant had been arrested, detained for 22 days and physically mistreated, that he was released on condition that he report fortnightly to the authorities and because his maternal uncle had provided his title deeds as surety –Tribunal accepted that applicant had left Iran illegally, using a false Iraqi passport – Tribunal, when deciding that applicant would not be at risk of persecution for imputed political opinion, focused on the American-sourced content of the tape to the exclusion of any consideration of the significance of the Mujehadin content sourced from England – whether Tribunal had ignored relevant material in a way that affected the exercise of the power and thus fell into jurisdictional error – decision set aside. Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 applied. RAMIN KIANFAR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 322 of 2001 CARR J 10 DECEMBER 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 322 OF 2001

BETWEEN: RAMIN KIANFAR

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 10 DECEMBER 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal, made on 29 June 2001, affirming the decision not to grant the applicant a protection visa, be set aside. 2. The matter be remitted to the Refugee Review Tribunal for decision according to law provided that such remitter will not take effect until the question of the constitution of the Tribunal is decided in accordance with the procedure referred to below. 3. (a) The question whether the Court should make a direction that the matter be remitted to the member of the Refugee Review Tribunal who made the above-mentioned decision is reserved. (b) The applicant may within 35 days file and serve written submissions on the question referred to in paragraph 3(a). (c) The respondent may within 10 days of service of those submissions file and serve any written submissions in response; and (d) The question referred to in paragraph 3(a) will be decided on the papers so filed, without further hearing.