Minister for Immigration & Multicultural Affairs v Farahanipour [2001] FCA 82

Minister for Immigration & Multicultural Affairs v Farahanipour [2001] FCA 82

The majority of the Full Court (Ryan and R D Nicholson JJ) held that the principles from Mohammed should be followed unless 'plainly wrong', and the primary judge correctly regarded himself as bound to follow Mohammed, holding that circumstances engineered by an applicant for the sole purpose of creating a risk of persecution may nonetheless establish a well-founded fear under the Convention; Tamberlin J dissented, preferring the Somaghi principle that such conduct should not be relied on to support refugee status.

Jurisdiction
Australia
Judgment Date
16 February 2001
Procedural Posture
Appeal / Full Court Decision on Appeal From a Single Judge of the Federal Court
Outcome
Appeal dismissed
Legal Topics
['refugee Status' 'refugee Sur Place' "interpretation of 'well Founded Fear'" 'bad Faith and Pretext in Refugee Claims']
['migration Law' 'international Law'] ['refugee Status' 'refugee Sur Place' "interpretation of 'well Founded Fear'" 'bad Faith and Pretext in Refugee Claims']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Full Court Decision on Appeal From a Single Judge of the Federal Court

Legal Issues

  1. 1 ['Whether conduct undertaken for the sole purpose of generating circumstances attracting Convention protection can be relied upon to support refugee status' "Interpretation of 'well-founded fear' under the Refugee Convention" 'Conflict between Full Court decisions in Somaghi and Mohammed']

Ratio Decidendi

The majority of the Full Court (Ryan and R D Nicholson JJ) held that the principles from Mohammed should be followed unless 'plainly wrong', and the primary judge correctly regarded himself as bound to follow Mohammed, holding that circumstances engineered by an applicant for the sole purpose of creating a risk of persecution may nonetheless establish a well-founded fear under the Convention; Tamberlin J dissented, preferring the Somaghi principle that such conduct should not be relied on to support refugee status.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondents' costs of appeal, such costs to be taxed in default of agreement."]