PW87/2001 v MIMA

[2001] FCA 1083

FEDERAL COURT OF AUSTRALIA

PW87/2001 v Minister for Immigration & Multicultural Affairs [2001] FCA 1083

No question of principle

Migration Act 1958 (Cth) s 476(1)(e)

Puerta v Minister for Immigration & Multicultural Affairs [2001] FCA 309 followed
Brakni v Minister for Immigration & Multicultural Affairs [2001] FCA 48 referred to
ABC v Minister for Immigration & Multicultural Affairs [2001] FCA 955 followed
Prahastono v Minister for Immigration & Multicultural Affairs (1997) 77 FCR 260 followed

PW87/2001 v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

W 87 OF 2001

HELY J
10 AUGUST 2001
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W 87 OF 2001

BETWEEN:	PW87/2001 APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	HELY J
DATE OF ORDER:	10 AUGUST 2001
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.The applicant only be referred to as PW87/2001

2.The application be dismissed with costs.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W 87 OF 2001

BETWEEN:	PW87/2001 APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	HELY J
DATE:	10 AUGUST 2001
PLACE:	PERTH

REASONS FOR JUDGMENT

1. This is an application under Part 8 of the Migration Act 1958 (Cth) (“the Act”) for the review of a decision of the Refugee Review Tribunal (“RRT”) given on 27 February 2001. By that decision, RRT affirmed the decision of the Minister’s delegate not to grant a protection visa to the applicant.

2. The applicant is a citizen of Iran.  He arrived in Australia in October 2000.  He applied for a protection visa on the ground that he had a well-founded fear of persecution if returned to Iran by reason of his political opinion.

3. RRT said that it had “reservations” as to the credibility of the applicant’s claim.  RRT overcame those “reservations”, and accepted as credible the following facts:

   “-In 1992 the applicant was detained on suspicion of being linked to the MKO; he was detained for two and half months and released when a court found the case not proved;

   -after this, he found it difficult to get a permanent job, though in 1998, through contacts, he got a job in sales/administration in a semi-government carpet co-operative, for which job he did not need a police clearance;

   -he was dismissed after several months because he did not attend group prayers and marches; after this job, the applicant worked painting houses, photographing social functions, and working as a taxi driver in his father’s car;

   -in March 2000, a friend of his, Ali Reza, asked him if he wanted to join a political group, and the applicant accepted to do so;

   -the applicant’s role in the group was to keep a photocopier in the basement of his parents’ and his home, and to facilitate access to the photocopier by his contact in the group, Shafagh;

   -the applicant understood from Shafagh that there were about…