Rajo, Abdul Hamid v Minister for Immigration & Multicultural Affairs [1998] FCA 1603

Rajo, Abdul Hamid v Minister for Immigration & Multicultural Affairs [1998] FCA 1603

The application was hopeless because the Tribunal was entitled to reject the applicant's evidence on credibility grounds, the religion point was at most a minor part of the reasons, and the applicant's case before the Tribunal was that he would be targeted because of an actual or supposed relationship with a young woman, not because of membership of his clan or another Convention ground. Even if believed, the story would not have brought him within the Convention definition of refugee.

Jurisdiction
Australia
Judgment Date
09 December 1998
Procedural Posture
Application for Review of a Refugee Review Tribunal Decision Rejecting a Claim for a Protection Visa / Ex Tempore Reasons for Judgment
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'credibility Findings' 'fear of Persecution' 'particular Social Group' 'convention Refugee Definition']
['immigration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'credibility Findings' 'fear of Persecution' 'particular Social Group' 'convention Refugee Definition']

Case Brief

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Procedural Posture

Application for Review of a Refugee Review Tribunal Decision Rejecting a Claim for a Protection Visa / Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ["Whether the Tribunal erred in inferring that the applicant's mention of religion was inspired by what had happened in a previous case." 'Whether the Tribunal erred by failing to consider whether the applicant faced persecution as a member of a particular social group, namely his clan.' "Whether the applicant's claimed fear arose for a Convention reason rather than because he would be targeted as an individual."]

Ratio Decidendi

The application was hopeless because the Tribunal was entitled to reject the applicant's evidence on credibility grounds, the religion point was at most a minor part of the reasons, and the applicant's case before the Tribunal was that he would be targeted because of an actual or supposed relationship with a young woman, not because of membership of his clan or another Convention ground. Even if believed, the story would not have brought him within the Convention definition of refugee.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed with costs.']