QAAA of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCA 1918

FEDERAL COURT OF AUSTRALIA

QAAA of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCA 1918

MIGRATION – appeal from a decision of a Federal Magistrate reviewing a decision of the Refugee Review Tribunal – Iranian citizen who lived in the United States of America for 21 years and served in the United States Navy – whether error of law by the Federal Magistrate in not finding that the Tribunal made a jurisdictional error in finding that appellant has no well-founded fear of persecution in Iran –no evidence – whether jurisdictional error in finding that the Iranian authorities would accept the appellant's explanation of his United States Navy service – whether material existed before it on which the Tribunal could have reached this finding –Wednesburyunreasonableness – whether a decision which is unreasonable in the Wednesburysense is amenable to judicial review – whether finding not formed reasonably or effected by illogicality Held: Appeal allowed. Tribunal accepted Iran was a "sworn enemy" of the United States and therefore finding that the Iranian authorities would have little or no interest in the appellant because he "only reached the relatively low rank of airman" during his service in the United States Navy was not open to it on the material before it. No findings as to Wednesburyunreasonableness or illogicality.

Australian Citizenship Act 2007 (Cth) s 35 Criminal Code Act 1995 (Cth) Sch div 80.1 Migration Act 1958 (Cth) s 353(2)

Abebe v Commonwealth (1999) 197 CLR cited Andary v Minister for Immigration and Multicultural Affairs [2003] FCAFC 211 followed Applicant M164/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 16 cited Associated Provincial Picture Homes Ltd v Wednesbury Corporation [1948] 1 KB 223 cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Collins v Minister for Immigration and Ethnic Affairs (1981) 36 ALR 598 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] 207 ALR 12 cited NACB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 235 cited re Minister for Immigration and Multicultural Affairs, ex parte Cassim [2000] HCA 50 cited re Minister for Immigration and Multicultural Affairs ex parte Epeabaka (2001) 206 CLR 128 cited SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231 considered Sinclair v Mining Warden at Maryborough [1975] 132 CLR 473 cited VWFP and VWFQ v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 231 cited VWST v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 286 followed