Firuzibakhsh v Minister for Immigration & Multicultural Affairs [2002] FCA 982

FEDERAL COURT OF AUSTRALIA

Firuzibakhsh v Minister for Immigration & Multicultural Affairs [2002] FCA 982

MIGRATION – application for protection visa – review of decision of Refugee Review Tribunal – whether Tribunal erroneously failed to investigate the authenticity of a document – whether Tribunal erroneously failed to have regard to a letter from the applicant – whether it was incumbent on the Tribunal to respond to the letter – whether Tribunal erred in finding that the applicant did not have a well-founded fear of persecution in Iran by reason of his recent conversion to Christianity – whether the Tribunal based its decision on a fact that did not exist – whether the Tribunal's decision was induced by actual bias. Migration Act 1958 (Cth) ss 36, 65(1), 420(2), 427(1)(d), 475(1)(b), 476(1)(a), 476(1)(e), 476(1)(f), 476(1)(g), 476(4)(a), 476(4)(b) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Migration Legislation Amendment Act (No. 1) 1998 (Cth) Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 – applied Kabir v Minister for Immigration & Multicultural Affairs (2001) 184 ALR 295 – followed Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 – cited Rahman v Minister for Immigration & Multicultural Affairs [1998] FCA 1096 – referred to Sun Zhan Qui v minister for Immigration & Ethnic Affairs (1997) 151 ALR 505 – referred to Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 – referred to Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 – referred to Applicant A v Minister for Immigration & Ethnic Affairs (1997) 190 CLR 225 – referred to Chen Shi Hui v Minister for Immigration & Multicultural Affairs (2000) 201 CLR 293 – referred to Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 – referred to Minister for Immigration & Multicultural Affairs v Indatissa [2002] FCA 181 – referred to Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 – referred to ABOLFAZL FIRUZIBAKHSH v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS S.64 of 2001 MANSFIELD J 9 AUGUST 2002 ADELAIDE