Shahin Dokht Modarreszadeh Esfahani Fard v Minister for Immigration and Border Protection

[2014] HCASL 85

SHAHIN DOKHT MODARRESZADEH ESFAHANI FARD

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

[2014] HCASL 85
M147/2013

1. The applicant, Ms Fard, contends that the Minister for Immigration and Border Protection holds records containing false statements in so far as they state she is the mother of a man named Sohyle Lagheyefar or Sohail Laghaifar (or variants of these spellings).  There is in Australia a man who has used these names, referred to by the trial judge (Gray J) as "Mr Quemers", and who claims to be the grandson of the Shah of Iran, deposed in 1925.  Ms Fard denies having a son with this name, and Mr Quemers denies Ms Fard is his mother.  Ms Fard claims she has suffered harm and persecution in Australia as the result of the false statements in the records.

2. Ms Fard commenced proceedings in the Federal Court of Australia against the Minister seeking various forms of relief.  The relief sought was subsequently narrowed to two injunctions:  the first prohibiting the Minister from holding records in which it is recorded that Sohyle Lagheyefar or Sohail Laghaifar is her son; and the second prohibiting the Minister from stating, demonstrating or in any way portraying that Sohyle Lagheyefar or Sohail Laghaifar is her son.

3. Justice Gray dismissed the application on the basis that Ms Fard had failed to establish any legal basis for the relief she sought.  Further, his Honour found that she had failed to prove the facts on which she sought to rely at trial.

4. The Full Court of the Federal Court of Australia (Marshall, Tracey and Murphy JJ) dismissed the appeal, finding no error on the part of Gray J.

5. Ms Fard seeks leave to appeal from the decision of the Full Federal Court. As Ms Fard does not have legal representation, the application falls to be dealt with under rule 41.10 of the High Court Rules 2004. Ms Fard's submissions fail to identify any reason to doubt the correctness of the decision of the Full Federal Court. An appeal to this Court would have no prospects of success. The application is dismissed.

6. Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
13 May 2014 S.J. Gageler