Al Raied v Minister for Immigration & Multicultural Affairs [2000] FCA 1357

Al Raied v Minister for Immigration & Multicultural Affairs [2000] FCA 1357

Leave to read the Di Mezza affidavit was refused because it was late, sought to give secondary evidence of selected contents of an audio recording that had not been tendered, the respondent had not had an opportunity to check accuracy or context, and the proposed submissions exceeded the leave granted for supplementary submissions. The s 430 challenge failed because the Tribunal's reasoning did not turn on whether the applicant's parents were subjectively fearful or traumatised, but on the objective question whether they had a well-founded fear of Convention persecution and on the credibility and plausibility of their claims; the trauma and medical evidence therefore did not concern a...

Jurisdiction
Australia
Judgment Date
22 September 2000
Procedural Posture
Application for Review of a Refugee Review Tribunal Decision Concerning Refusal of a Protection Visa Under the Migration Act 1958 (cth) / Final Judgment After Hearing; Notice of Motion for Leave to Read Late Affidavit Refused
Outcome
Decision of the Refugee Review Tribunal affirmed.
Legal Topics
['protection Visas' 'well Founded Fear of Persecution' 'refugee Review Tribunal Reasons' 'migration Act 1958 (cth) S 430' 'migration Act 1958 (cth) S 476' 'late Affidavit Evidence' 'secondary Evidence of Audio Recording' 'supplementary Submissions After Hearing']
['migration Law' 'administrative Law' 'evidence' 'practice and Procedure'] ['protection Visas' 'well Founded Fear of Persecution' 'refugee Review Tribunal Reasons' 'migration Act 1958 (cth) S 430' 'migration Act 1958 (cth) S 476' 'late Affidavit Evidence' 'secondary Evidence of Audio Recording' 'supplementary Submissions After Hearing']

Case Brief

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Procedural Posture

Application for Review of a Refugee Review Tribunal Decision Concerning Refusal of a Protection Visa Under the Migration Act 1958 (cth) / Final Judgment After Hearing; Notice of Motion for Leave to Read Late Affidavit Refused

Legal Issues

  1. 1 ['Whether leave should be granted for the affidavit of Sonia Di Mezza, filed after the hearing, to be read in the proceeding.' 'Whether evidence of selected contents of an audio recording of the Tribunal hearing was admissible through the affidavit.' "Whether the Tribunal failed to comply with s 430 of the Migration Act 1958 (Cth) by not making findings about trauma and medical evidence concerning the applicant's mother and family." "Whether the Tribunal failed to comply with a required procedure by not considering use of s 427(1)(d) to require a medical examination of the applicant's mother." "Whether the Tribunal made an error of law by failing to draw, or consider drawing, an inference from the family's trauma and resistance to removal that there was a real chance of persecution in Libya."]

Ratio Decidendi

Leave to read the Di Mezza affidavit was refused because it was late, sought to give secondary evidence of selected contents of an audio recording that had not been tendered, the respondent had not had an opportunity to check accuracy or context, and the proposed submissions exceeded the leave granted for supplementary submissions. The s 430 challenge failed because the Tribunal's reasoning did not turn on whether the applicant's parents were subjectively fearful or traumatised, but on the objective question whether they had a well-founded fear of Convention persecution and on the credibility and plausibility of their claims; the trauma and medical evidence therefore did not concern a...

Court Disposition

Decision of the Refugee Review Tribunal affirmed.

Orders

  • ['The decision of the Refugee Review Tribunal be affirmed.' 'Any appeal from this judgment may be instituted by filing and serving a notice of appeal within 21 days after 3 October 2000.']