Bakhtyar v Minister for Immigration and Multicultural Affairs

[2002] FCAFC 49

Bakhtyar v Minister for Immigration & Multicultural Affairs [2002] FCAFC 49

Bakhtyar v Minister for Immigration & Multicultural Affairs [2002] FCA 218

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC)

The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002.  Single Judge judgments will not be affected and will retain the FCA medium neutral citation.

The transitional arrangements are as follows:

• All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.
• All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series. 
• All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Bakhtyar v Minister for Immigration & Multicultural Affairs [2002] FCA 218

MIGRATION - appeal - no error in primary judge's reasons

Migration Act 1958 (Cth) s 476

ABDUL HANAN BAKHTYAR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

W372 of 2001

BLACK CJ, WILCOX AND MOORE JJ

5 MARCH 2002 

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIAN DISTRICT REGISTRY

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	ABDUL HANAN BAKHTYAR APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	BLACK CJ, WILCOX AND MOORE JJ
DATE OF ORDER:	5 MARCH 2002
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.   The appeal be dismissed

2.   The appellant pay the respondent’s costs of the appeal

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIAN DISTRICT REGISTRY	W372 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	ABDUL HANAN BAKHTYAR APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	BLACK CJ, WILCOX AND MOORE JJ
DATE:	5 MARCH 2002
PLACE:	PERTH

REASONS FOR JUDGMENT

1. The Court is of the view that this appeal must be dismissed.  We have considered all the arguments that have been put both in writing and orally today by Mr Gethin, who appears for the appellant pro bono. We note that the learned primary judge looked at this matter in very carefully considered reasons for judgment.  For the reasons his Honour has given, we see no reason why he should have granted relief in respect of the decision of the Refugee Review Tribunal.  The appeal should be dismissed and we would not dissent in any way from the reasons of the learned primary judge.  The order, therefore, is that the appeal be dismissed with costs. 

I certify that the preceding one (1) numbered paragraph is a true copy of the reasons for judgment herein of the Court.

Associate:

Dated:             22 March 2002

Counsel for the Appellant:	Mr P Gethin (pro bono)
Solicitor for the Appellant:	Gethin and Gethin
Counsel for the Respondent:	Mr P Macliver
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	5 March 2002
Date of Judgment:	5 March 2002