M18/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1289

M18/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1289

The lack of bona fides ground was baseless. The Tribunal used country information contemporaneous with the period in which the applicant claimed past persecution, and used current information when assessing whether there was a real chance of persecution on return. The Tribunal also discussed relevant country information with the applicant, and some of the reports she said should have been considered were in fact referred to or were to similar effect. The selection and weight of country information were matters for the Tribunal, and no bad faith or failure to make a bona fide attempt to exercise power was shown.

Jurisdiction
Australia
Judgment Date
12 November 2003
Procedural Posture
Application for Judicial Review of Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Final Judgment After Matter Remitted From the High Court
Outcome
Application dismissed
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'bona Fide Exercise of Power' 'bad Faith' 'country Information' 'privative Clause']
['migration' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'bona Fide Exercise of Power' 'bad Faith' 'country Information' 'privative Clause']

Case Brief

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Procedural Posture

Application for Judicial Review of Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Final Judgment After Matter Remitted From the High Court

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal failed to make a bona fide attempt to exercise its power by relying on country information from 1996, 1998 and 1999 rather than current reports.' "Whether the Tribunal was obliged to consider and cite particular country information said to support the applicant's claims about political violence in Sri Lanka." 'Whether s 474 of the Migration Act 1958 protected the Tribunal decision from review.']

Ratio Decidendi

The lack of bona fides ground was baseless. The Tribunal used country information contemporaneous with the period in which the applicant claimed past persecution, and used current information when assessing whether there was a real chance of persecution on return. The Tribunal also discussed relevant country information with the applicant, and some of the reports she said should have been considered were in fact referred to or were to similar effect. The selection and weight of country information were matters for the Tribunal, and no bad faith or failure to make a bona fide attempt to exercise power was shown.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of the application."]