Korizad v Minister for Immigration & Multicultural Affairs [2002] FCA 487

FEDERAL COURT OF AUSTRALIA

Korizad v Minister for Immigration & Multicultural Affairs [2002] FCA 487 MIGRATION – review of tribunal decision – persecution – loss of employment opportunities – employment opportunities existing in private sector – whether "persecution" – whether tribunal in error of law in application of law to facts as found Migration Act 1958 (Cth) ss 36(2), 476, 476(1)(e)

Ahmadi v Minister for Immigration & Multicultural Affairs [2001] FCA 1070 referred to Minister for Immigration & Multicultural & Indigenous Affairs v Kord [2002] FCA 334 followed Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 referred to Applicant A v Minister for Immigration & Ethnic Affairs (1997) 190 CLR 225 referred to Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Chen Shi Hai v Minister for Immigration & Multicultural Affairs (2000) 201 CLR 293 referred to Minister for Immigration & Multicultural Affairs v Ibrahim (2000) 204 CLR 1 considered Prahastono v Minister for Immigration & Multicultural Affairs (Hill J, 8 July 1997, unreported) considered ADNAN KORIZAD v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W386 of 2001 RD NICHOLSON J 22 APRIL 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRLIA DISTRICT REGISTRY W386 of 2001

BETWEEN: ADNAN KORIZAD

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 22 APRIL 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRLIA DISTRICT REGISTRY W386 of 2001