Shahrooie v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 996

FEDERAL COURT OF AUSTRALIA

Shahrooie v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 996 MIGRATION – interlocutory injunctions – application seeking order restraining the respondent from removing the applicant from Australia – where applicant had exhausted administrative rights and avenues for judicial review – where applicant pleaded fear of torture on return to Iran – application of Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (New York, 10 December 1984) to s 198(6) of the Migration Act 1958 (Cth) – whether balance of convenience favoured granting of interlocutory injunction – application allowed.

Migration Act 1958 s 198(6)

Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on 10 December 1984

NATB v Minister of Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 185 considered SBBF v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 767 referred to SBBF v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 358 referred to M38/2002 v Minister of Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 131 considered Minister for Immigration & Ethnic Affairs v Teoh (1995) 183 CLR 273 referred to SAAK v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 921 considered Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 referred to

SHAHIN SHAHROOIE v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS No S 606 of 2003 LANDER J ADELAIDE 19 SEPTEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA