NAYQ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 365

FEDERAL COURT OF AUSTRALIA

NAYQ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 365

MIGRATION – Application for protection visa by Iranian national – Challenge to decision of Refugee Review Tribunal – Whether Tribunal denied procedural fairness to applicant – Whether Tribunal failed to consider all integers of applicant's case – Whether decision of Tribunal was manifestly unreasonable – Whether Tribunal's decision was based on findings of fact unsupported by evidence – Finding of Tribunal of 'increasing political liberalization' in Iran – Finding unsupported by cited country information – Decision set aside on this ground. Migration Act 1958 (Cth) ss 420, 425, 425A, 477 Migration Regulations 1994 (Cth) reg 4.35D(a) NAYQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 2547 of 2003 WILCOX J 31 MARCH 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 2547 of 2003

BETWEEN: NAYQ

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT JUDGE: WILCOX J

DATE OF ORDER: 31 MARCH 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. a writ of certiorari be issued quashing the decision of the Refugee Review Tribunal, dated 10 July 2002, in relation to the applicant; 2. a writ of mandamus be issued directing the said Tribunal to rehear and determine, according to law, the applicant's application for review of the decision made in relation to him by the delegate of the respondent, the Minister for Immigration and Multicultural and Indigenous Affairs; and 3. the respondent pay the applicant's costs of this proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA