Aala v Minister for Immigration & Multicultural Affairs

[2001] FCA 1015

Aala v Minister for Immigration & Multicultural Affairs [2001] FCA 1015
Immigration

Aala v Minister for Immigration & Multicultural Affairs

[2001] FCA 1015

IMMIGRATION - where applicant engaged in activities deemed to be illegal under law of country of origin - whether a law of general application or politically motivated - whether no evidence for findings

Migration Act 1958 (Cth) ss 476(1)(e), 476(1)(g), 476(4)(b)

X v Minister for Immigration & Multicultural Affairs [1997] FCA 1441 referred to

Wang v Minister for Immigration & Multicultural Affairs [2001] FCA 448 referred to

Applicant A v Minister for Immigration & Multicultural Affairs (1997) 190 CLR 225 referred to

Minister for Immigration & Multicultural Affairs v Indatissa [2001] FCA 181 applied

Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 applied

Minister for Immigration & Multicultural Affairs v Respondent A & B (1995) 57 FCR 309 referred to

MANSOUR AALA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 846 OF 2001

GYLES J

SYDNEY

31 JULY 2001

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 846 OF 2001

BETWEEN:	MANSOUR AALA APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	GYLES J
DATE OF ORDER:	31 JULY 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.       The application be dismissed.

2.       The applicant pay the respondent's costs.

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	N 846 OF 2001

BETWEEN:	MANSOUR AALA APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	GYLES J
DATE:	31 JULY 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1       This is an application for an order of review of a decision of the Refugee Review Tribunal ("the Tribunal") which confirmed the decision of the delegate of the respondent Minister for Immigration and Multicultural Affairs to refuse the applicant, Mansour Aala, a protection visa pursuant to the Migration Act 1958 (Cth) ("the Act").

2       The applicant is a citizen of Iran. He arrived in Australia as a visitor in August 1991 and applied for a protection visa in August 1996. The decision in issue in this case is the third by the Tribunal, following decisions by this Court (see X v Minister for Immigration & Multicultural Affairs [1997] FCA 1441) and the High Court (see Re Refugee Review Tribunal; ex parte Aala (2000) 75 ALJR 52; (2000) 176 ALR 219).

TRIBUNAL PROCEEDINGS

Claims

3       The applicant's claims to the Tribunal in relation to his fear of persecution fell into four areas relating to political opinion, which are summarised in his counsel's submission as follows:

1.       Mr Aala's membership of the Savak, the former Iranian regime's intelligence body;

2.       Mr Aala distributed anti-regime propaganda for the Mujahideen on a low-level basis;

3.       Mr Aala provided substantial financial support to the Mujahideen, where the largest single donation was approximately US$200,000;

4.       Mr Aala ran a real estate business in Iran that directly,…