Negad v Minister for Immigration & Multicultural Affairs [2002] FCA 194

FEDERAL COURT OF AUSTRALIA

Negad v Minister for Immigration & Multicultural Affairs [2002] FCA 194

MOHAMMAD FARHAD NEGAD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

W 307 of 2001

CARR J

5 MARCH 2002

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 307 OF 2001

BETWEEN: MOHAMMAD FARHAD NEGAD

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 5 MARCH 2002

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 307 OF 2001

BETWEEN: MOHAMMAD FARHAD NEGAD

Applicant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE: 5 MARCH 2002

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 2 July 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 2 December 2000. On 7 January 2001 he lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs under the Migration Act 1958 ("the Act"). On 27 February 2001 a delegate of the respondent refused to grant a protection visa and on 2 March 2001 the applicant applied for review of that decision.

the applicant's claims and the Tribunal's decision 2 The applicant's claims when interviewed on arrival, were, in summary as follows: · He was a single 32 year old Iranian citizen whose parents and five siblings remained in Iran. He had one other sibling living in Canada. His religion was Muslim Shi'ia and his ethnicity was Bakhtiari. · He was educated for twelve years. He worked as a denture technician from 1991 to 2000 and also as a physical education teacher at a private school from 1999 to 2000. · The reason he left his country was because his life was in danger from the Sepah Etalaat. He said that he had imitated the voice of "Rafsanjani" who is the second most powerful man in Iran. · He was at a wedding party with a group of friends and was joking around with the microphone imitating Rafsanjani. · About ten to twelve days later he received a phone call from someone who told him that he had been taped (later clarified as being a videotape) at the wedding. · He became very concerned because he knew that the Etalaat (Intelligence) would be after him. · He left home for two or three months and contacted his family who informed him that people had come looking for him. · He became concerned and did not go home or to work because he was scared. He decided to flee Iran and his parents agreed that he should. · Prior to this incident he had no intention of leaving Iran and he had a good job there. · He left Iran on 21 November 2000 and went to Malaysia where he remained for seven days before going to Indonesia (for thirteen or fourteen days) where a smuggler arranged to bring to him Australia. · If he returned to Iran he would be taken by the Etalaat and was not sure that he would survive. 3 In the written statement of claims which accompanied his application for a protection visa, the applicant gave more detail, but substantially repeated the above claims. 4 The claims were again repeated at the hearing before the Tribunal. At that hearing the applicant told the Tribunal that he had left Iran through an airport (which he had identified in his application form as being Tehran airport) using his own passport, having paid a bribe to a friend in the Sepah. He added that in January 2001 he had telephoned his brother in Canada who had told him that as a result of his (the applicant's) actions his father had been arrested and that Sepah officers had come to his house since his departure and said they were aware that he had impersonated Rafsanjani and they wanted him. The applicant told the Tribunal that he had informed his representative about this matter about 20 days to a month before the hearing. The hearing was on 20 April 2001. There was no mention of this matter in the migration agent's submissions sent to the Tribunal on 19 April 2001.