W64/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 970

FEDERAL COURT OF AUSTRALIA

W64/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 970 MIGRATION – refugee – protection visa – application for review of Refugee Review Tribunal decision – Iranian businessman claimed security forces pursuing him after Mujahideen-e-Khalq materials found in his shop – Tribunal accepted that evidence of applicant and his wife consistent and some corroborating material – Tribunal considered three claimed events implausible then purported to "not accept" all elements of applicant's case – whether Tribunal erred by failing to take into account claimed events in assessing the degree of risk of persecution facing the applicant if returned to Iran – whether Tribunal misinterpreted the meaning of "well-founded fear of persecution" – whether Tribunal erred by failing to take into account relevant material or failed to determine the correct question Migration Act 1958 (Cth) ss 5, 13, 14, 36(2), 65, 189, 196, 430, 476(1)(b),(c) and (e) Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 applied Abebe v Commonwealth of Australia (1999) 197 CLR 510 applied Karanakaran v Secretary of State for the Home Department [2000] 3 All ER 449 cited Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited Bastanipour v Immigration and Naturalization Service 980 F.2d 1129 (7th Cir. 1992) cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 applied

W64/01A v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

W64 OF 2001

LEE J

8 AUGUST 2002

MELBOURNE (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W64 OF 2001

BETWEEN: W64/01A

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: LEE J