Mohammadi v Minister for Immigration & Multicultural Affairs [2001] FCA 1432

Mohammadi v Minister for Immigration & Multicultural Affairs [2001] FCA 1432

The Tribunal’s decision not to grant a protection visa was open to it on the evidence; the applicant did not demonstrate that he would face persecution for a Convention reason if returned to Iran; no reviewable error, error of law or jurisdictional error was disclosed.

Jurisdiction
Australia
Judgment Date
11 October 2001
Procedural Posture
Order of Review / Final Judgment
Outcome
Application dismissed
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'credibility Assessment' 'conversion to Christianity' 'persecution Under Refugees Convention']
['administrative Law' 'migration Law'] ['protection Visa' 'refugee Review Tribunal' 'credibility Assessment' 'conversion to Christianity' 'persecution Under Refugees Convention']

Case Brief

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Procedural Posture

Order of Review / Final Judgment

Legal Issues

  1. 1 ['Whether the applicant faces a real chance of persecution for a Convention reason if returned to Iran' 'Whether the applicant had converted to Christianity and would face persecution as an apostate' 'Whether reviewable error or jurisdictional error was made by the Refugee Review Tribunal']

Ratio Decidendi

The Tribunal’s decision not to grant a protection visa was open to it on the evidence; the applicant did not demonstrate that he would face persecution for a Convention reason if returned to Iran; no reviewable error, error of law or jurisdictional error was disclosed.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs."]