Ali Mohsen v Minister for Immigration & Multicultural Affairs [2001] FCA 1206

Ali Mohsen v Minister for Immigration & Multicultural Affairs [2001] FCA 1206

The application was dismissed because the Tribunal was not shown to have fallen into reviewable error. The alleged fact that the applicant ascribed to his father the name "Khan" was not shown not to exist, since a statutory declaration before the Tribunal recorded the father's name as "Mohammad Essa Khan". In any event, the Tribunal's decision was not based on that fact: the Tribunal had already found, for independent reasons, that the applicant was not from Afghanistan, and treated the linguistic analysis only as supportive. The applicant's other submissions repeated merits claims and did not disclose error, and the material did not show non-compliance with s 425(1).

Jurisdiction
Australia
Judgment Date
29 August 2001
Procedural Posture
Application to Review a Decision of the Refugee Review Tribunal Affirming Refusal of a Protection Visa Under the Migration Act 1958 (cth) / Final Judgment
Outcome
Application dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'no Evidence Ground' 'well Founded Fear of Persecution' 'credibility Findings']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'no Evidence Ground' 'well Founded Fear of Persecution' 'credibility Findings']

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Procedural Posture

Application to Review a Decision of the Refugee Review Tribunal Affirming Refusal of a Protection Visa Under the Migration Act 1958 (cth) / Final Judgment

Legal Issues

  1. 1 ['Whether the Tribunal made a reviewable error under s 476(1) of the Migration Act 1958 (Cth).' 'Whether the Tribunal\'s alleged attribution to the applicant of his father\'s name ending with "Khan" enlivened s 476(1)(g) and (4)(b) of the Migration Act 1958 (Cth).' 'Whether the Tribunal failed to give the applicant a sufficient opportunity to express his concerns about the Taliban contrary to s 425(1) of the Migration Act 1958 (Cth).']

Ratio Decidendi

The application was dismissed because the Tribunal was not shown to have fallen into reviewable error. The alleged fact that the applicant ascribed to his father the name "Khan" was not shown not to exist, since a statutory declaration before the Tribunal recorded the father's name as "Mohammad Essa Khan". In any event, the Tribunal's decision was not based on that fact: the Tribunal had already found, for independent reasons, that the applicant was not from Afghanistan, and treated the linguistic analysis only as supportive. The applicant's other submissions repeated merits claims and did not disclose error, and the material did not show non-compliance with s 425(1).

Court Disposition

Application dismissed.

Orders

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