Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Heidari v MIMA [2001] FCA 1837
HASSAN HEIDARI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 288 OF 2001
BRANSON, NORTH & GYLES JJ 26 NOVEMBER 2001 PERTH (Heard in part via video-link)
IN THE FEDERAL COURT OF AUSTRALIA
WEST AUSTRALIAN DISTRICT REGISTRY W288 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
BETWEEN: HASSAN HEIDARI
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BRANSON, NORTH & GYLES JJ
DATE OF ORDER: 26 NOVEMBER 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WEST AUSTRALIAN DISTRICT REGISTRY W288 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
BETWEEN: HASSAN HEIDARI
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BRANSON, NORTH & GYLES JJ
DATE: 26 NOVEMBER 2001
PLACE: PERTH (Heard in part via video-link)
REASONS FOR JUDGMENT
BRANSON J: 1 I agree with the reasons of North J and with the order that he proposes. I certify that the preceding one (1) numbered paragraphs is a true copy of the Reasons for Judgment herein of the Honourable Justice Branson.
Associate: Dated: 19 December 2001
IN THE FEDERAL COURT OF AUSTRALIA
WEST AUSTRALIAN DISTRICT REGISTRY W288 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
BETWEEN: HASSAN HEIDARI
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BRANSON, NORTH & GYLES JJ
DATE: 26 NOVEMBER 2001
PLACE: PERTH (Heard in part via video-link)
REASONS FOR JUDGMENT
NORTH J: 2 This is an appeal from a decision of Wilcox J made on 2 July 2001 dismissing an application for review of a decision of the Refugee Review Tribunal (the Tribunal) made on 31 January 2001. The Tribunal affirmed a decision of the delegate of the respondent, the Minister for Immigration and Multicultural Affairs, not to grant the appellant, Mr Hassan Heidari, a protection visa. The decision of the delegate was made on 26 October 2000. 3 Mr Heidari is a citizen of Iran. He arrived in Australia on 27 September 2000. Before the Tribunal, Mr Heidari essentially made his claim for a protection visa on three bases: (1) He was associated with the opposition to the current regime because he had engaged in selling TV satellite dishes. He claimed to have been detained in 1999 for one month, then shortly afterwards for five months. He was asked to spy for the security / intelligence forces in Iran and refused. (2) He was discriminated against by reason of his Arab ethnicity, particularly in employment. He was dismissed from a job in a steel mill and refused other jobs for this reason. (3) He left Iran illegally and applied for asylum in Australia. Both circumstances would lead to persecution on return to Iran.
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