NSW:Asylum seeker deportation fight continues

AAP General News (Australia)
12-14-2011
NSW:Asylum seeker deportation fight continues

SYDNEY, Dec 14 AAP - An asylum seeker who is fighting to remain in Australia will have
to wait for the Federal Court to decide if he can appeal a decision to send him back to
Afghanistan.

Ismail Mirzajan appeared in court in Sydney on Wednesday where he is seeking leave
to appeal the decision of the Refugee Review Tribunal forcing him return him to his home
country.

After hearing the case, Judge John Nicholas said he is unlikely to make a decision
on the matter until next year.

Refugee Action Coalition organiser Ian Rintoul said outside the court that there were
procedural problems the tribunal hadn't properly considered when making its initial decision.

He said if Mr Mirzajan's action is successful his case will be referred back to the
refugee tribunal.

"If its not successful ... we will look at other legal action," he said.

On November 18, the Federal Magistrate's court ordered a last minute injunction against
Mr Mirzajan's pending deportation the following day, which allows him stay in Australia
until the matter returns to court.

Mr Mirzajan, 27, arrived in Australia in February last year seeking refugee status.

AAP ct/jjs/it

KEYWORD: LEGAL: MIRZAJAN

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