W68/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 148

FEDERAL COURT OF AUSTRALIA

W68/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 148 MIGRATION – protection visa – application for review of decision of Refugee Review Tribunal – applicant exposed corruption in government agency in Iran and converted to Christianity after arrival in Australia – whether applicant faced a real risk of persecution if returned to Iran

Migration Act 1958 (Cth) ss 5, 36(2), 65, 476

Refugees Convention Refugees Protocol

Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 at [10] applied Bastanipour v Immigration and Naturalization Service 980 F.2d 1129 (7th Cir. 1992) at 1133 cited Abebe v Commonwealth (1999) 197 CLR 510 at [83] cited Karanakaran v Secretary of State for the Home Department [2000] 3 All ER 449 at 469-470 cited Minister for Immigration & Multicultural Affairs v Guo (1997)191 CLR 559 at 575-576 referred to Minister for Immigration & Multicultural Affairs v Y [1998] FCA 515 cited V v The Minister for Immigration & Multicultural Affairs (1999) 92 FCR 355 at [32] – [33] referred to Saliba v Minister for Ethnic Affairs (1998) 159 ALR 247 at 257 referred to C v Minister for Immigration & Multicultural Affairs (1999) 94 FCR 366 at [20] – [24] referred to

Hussain Islamic Law and Society: an introduction The Federation Press 1999

W68/01A v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 68 OF 2001

LEE J

25 FEBRUARY 2002

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 68 OF 2001

BETWEEN: W68/01A

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 25 FEBRUARY 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The decision of the Tribunal be set aside and the matter remitted to the Tribunal for redetermination. 2. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.