Rahmani v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 125

Rahmani v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 125

Potential requests for Ministerial discretion under s 417 or a potential special leave application to the High Court do not prevent a protection visa application from being finally determined under s 198(6), and the respondent is obliged to remove the applicant from Australia once this final determination occurs.

Parties
Applicant: Mohammad Hassan Rahmani; Respondent: Minister for Immigration & Multicultural & Indigenous Affairs
Jurisdiction
Australia
Judgment Date
25 February 2004
Procedural Posture
Migration Summary Dismissal Application / Final Judgment
Outcome
application dismissed
Legal Topics
Protection Visa, Refoulement, Judicial Review, Ministerial Discretion Under S 417, Final Determination of Visa Applications
Migration Law Protection Visa Refoulement Judicial Review Ministerial Discretion Under S 417 Final Determination of Visa Applications

Case Brief

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Parties

Mohammad Hassan Rahmani

Applicant

Minister for Immigration & Multicultural & Indigenous Affairs

Respondent

Procedural Posture

Migration Summary Dismissal Application / Final Judgment

Legal Issues

  1. 1 Whether removal from Australia under s 198(6) Migration Act 1958 constitutes refoulement contrary to obligations under the Refugees Convention or the Torture Convention
  2. 2 Whether a potential application for special leave to appeal to the High Court means an application is not 'finally determined' under s 198(6)
  3. 3 Whether application for protection visa is finally determined

Ratio Decidendi

Potential requests for Ministerial discretion under s 417 or a potential special leave application to the High Court do not prevent a protection visa application from being finally determined under s 198(6), and the respondent is obliged to remove the applicant from Australia once this final determination occurs.

Court Disposition

application dismissed

Orders

  • The application is dismissed.