Giloni v Minister for Immigration and Multicultural Affairs [2002] FCA 327
The Tribunal was not required to inquire into speculative risks concerning the applicant's return without travel documents or possession of a military service card as there was no evidentiary basis before it for such an inquiry; the applicant failed to make out the only ground upon which judicial review was sought.
- Parties
- Applicant: Iroj Giloni; Respondent: Minister for Immigration and Multicultural Affairs
- Jurisdiction
- Australia
- Judgment Date
- 13 March 2002
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- application dismissed
- Legal Topics
- Refugee Protection, Judicial Review, Persecution Based on Faith
Case Brief
Summary, issues, holding and outcome
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Parties
Iroj Giloni
Applicant
Minister for Immigration and Multicultural Affairs
Respondent
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the Tribunal erred in not inquiring as to whether Iranian authorities would check the applicant's Military Service card if returned to Iran
- 2 Whether there was a risk of persecution upon return to Iran due to lack of travel documents and possession of a military service card with false information
Ratio Decidendi
The Tribunal was not required to inquire into speculative risks concerning the applicant's return without travel documents or possession of a military service card as there was no evidentiary basis before it for such an inquiry; the applicant failed to make out the only ground upon which judicial review was sought.
Court Disposition
application dismissed
Orders
- The application for review is dismissed.
- The applicant pay the respondent's costs.
Full Case Text
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