Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
W444 v Minister for Immigration & Multicultural Affairs [2002] FCA 605 MIGRATION - judicial review - refugee - Refugee Review Tribunal - alleged jurisdictional error - alleged error of law - Iranian National - Kung Fu Instructor - whether Tribunal misconstrued applicant's claims as to illegality of Kung Fu - whether Tribunal entered upon real chance analysis of incident as ground of well-founded fear - whether Tribunal failed to consider ethnicity as a contributory cause as distinct from a sole cause of persecution W444 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W444 OF 2001 FRENCH J 10 MAY 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W444 OF 2001
BETWEEN: W444
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 10 MAY 2002
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to 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 AUSTRALIA DISTRICT W444 OF 2001
REGISTRY
BETWEEN: W444
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH J
DATE:
PLACE: PERTH
REASONS FOR JUDGMENT Introduction 1 The applicant arrived in Australia from Iran, without any lawful authority, on 4 November 2000. He lodged an application for a protection visa on 12 February 2001 which application was refused on 26 March 2001. He then lodged an application for review of that decision with the Refugee Review Tribunal on 29 March 2001. On 24 August 2001 the Refugee Review Tribunal affirmed the decision not to grant him a protection visa. He seeks review of that decision before this Court pursuant to an application filed on 18 September 2001. That application is brought under Part 8 of the Migration Act 1958 (Cth) as it stood prior to the extensive amendments which came into force on 2 October 2001.
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