IN THE FEDERAL COURT OF AUSTRALIA

XXX DISTRICT REGISTRY                        

                                                                                                  No.                                 of 2003

 

 

 

BETWEEN                                                                                                                              NNN

                                                                                                                                           Applicant

AND

 

 

THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND MULTICULTURAL AND INDIGENOUS AFFAIRS

                                                                                                                                       Respondent

 

 

STATEMENT OF CLAIM

  1. The Applicant is a citizen of Iran who is present in Australia and who is unwilling to return to Iran owing to a well-founded fear of persecution in Iran.

PARTICULARS

The Applicant is unwilling to return to Iran owing to a well-founded fear of persecution on grounds specified in the Convention Relating to the Status of Refugees 1951 and the Protocol Relating to the Status of Refugees 1967. Particulars of the facts giving rise to that fear are already known to the Respondent. Further particulars may be provided prior to trial.

  1. The Respondent threatens and intends to return the Applicant to Iran.
  2. If the Applicant is returned to Iran, his life or liberty would be threatened on account of his [race, religion, nationality, membership of a particular social group or political opinion (specify relevant convention grounds)].

PARTICULARS

[set out details of the facts giving rise to Applicant’s fear of imprisonment, torture or death if returned]

  1. The return of the Applicant to Iran will constitute refoulement of the Applicant, contrary to Australia’s obligations under Article 33 of the Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees.
  2. The return of the Applicant to Iran will constitute refoulement of the Applicant, contrary to Australia’s obligations under Article3 of theTorture Convention.

PARTICULARS

[set out details of the facts giving rise to Applicant’s fear of torture if returned]

  1. In the circumstances, the Respondent is neither required nor authorised to return the Applicant to Iran.

AND THE APPLICANT CLAIMS THE RELIEF SET OUT IN THE APPLICATION.