Mensah v Minister for Immigration & Ethnic Affairs [1997] FCA 1156

Mensah v Minister for Immigration & Ethnic Affairs [1997] FCA 1156

The application for review was dismissed because the Refugee Review Tribunal did not accept Ms Mensah's evidence as truthful and found her claim regarding threat of female genital mutilation to be a fabrication. As a result, there was no evidence to support a well-founded fear of persecution for either applicant, and the review grounds relating to error of law, procedural non-compliance, lack of evidence, and authorisation were not made out.

Parties
First Applicant: Constance Konadu Mensah; Second Applicant: Vicencia Mensah by her next friend Richard Sandilands; First Respondent: Minister for Immigration and Ethnic Affairs; Second Respondent: Roslyn Smidt, sitting as the Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
31 October 1997
Procedural Posture
Judicial Review of Refugee Review Tribunal Decision / Final Judgment on Application for Review
Outcome
Application dismissed with costs
Legal Topics
Judicial Review, Protection Visas, Refugee Law, Credibility Assessment, Procedural Fairness
Immigration Judicial Review Protection Visas Refugee Law Credibility Assessment Procedural Fairness

Case Brief

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Parties

Constance Konadu Mensah

First Applicant

Vicencia Mensah by her next friend Richard Sandilands

Second Applicant

Minister for Immigration and Ethnic Affairs

First Respondent

Roslyn Smidt, sitting as the Refugee Review Tribunal

Second Respondent

Procedural Posture

Judicial Review of Refugee Review Tribunal Decision / Final Judgment on Application for Review

Legal Issues

  1. 1 Whether the Tribunal erred in law under s 476(1)(e) of the Migration Act 1958 (Cth)
  2. 2 Whether the Tribunal failed to observe procedures required to be observed under ss 420, 425, 427, and 429 of the Migration Act 1958 (Cth)
  3. 3 Whether there was no evidence or other material to justify the decision under s 476(1)(g) of the Migration Act 1958 (Cth)

Ratio Decidendi

The application for review was dismissed because the Refugee Review Tribunal did not accept Ms Mensah's evidence as truthful and found her claim regarding threat of female genital mutilation to be a fabrication. As a result, there was no evidence to support a well-founded fear of persecution for either applicant, and the review grounds relating to error of law, procedural non-compliance, lack of evidence, and authorisation were not made out.

Court Disposition

Application dismissed with costs

Orders

  • The application be dismissed.
  • The first applicant pay the costs of the respondents.