Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAQK v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1360 NAQK v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N607 of 2003 MADGWICK J 11 NOVEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N607 of 2003
BETWEEN: NAQK
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 11 NOVEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Insofar as the principal proceedings depend on an alleged breach of Australia's international obligations under Article 33 of the Refugees Convention, they are dismissed. 2. Otherwise the notice of motion is dismissed. 3. The parties are to submit to chambers draft short minutes of directions in relation to the final hearing and the remaining issues. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N607 of 2003
BETWEEN: NAQK
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE: 11 NOVEMBER 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 In this matter the respondent in the principal proceedings has sought to have those proceedings dismissed on the basis that no reasonable cause of action is disclosed. The principal proceedings claim, among other things, an injunction restraining the respondent from returning the applicant to Iran. The statement of claim alleges that the applicant is a citizen of Iran who is present in Australia and whom the respondent threatens and intends to return to Iran. It is also said that his return to Iran would involve Australia being in breach of Article 3 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. Opened for signature at New York, 10 December 1984 (entered into force in Australia 7 September 1989). That Article provides: '1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he [sic] would be in danger of being subjected to torture. 2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.'
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