Applicant M186/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 201

Applicant M186/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 201

Leave to appeal was refused because the applicant did not show that the Tribunal made an error of law in affirming the delegate's refusal of a protection visa. The later material concerning conditions in Sri Lanka and the tsunami was not before the Tribunal or related to events after its decision and could not found review. The Tribunal was entitled to conclude that the past incidents accepted by it were too remote to substantiate an objectively well-founded fear at the time of decision, and any appeal was bound to fail.

Jurisdiction
Australia
Judgment Date
01 February 2005
Procedural Posture
Application for Leave to Appeal in a Migration Protection Visa Judicial Review Proceeding / Leave to Appeal Against Orders of Mc Innis FM Dismissing the Applicant's Application for Orders Nisi in Respect of a Refugee Review Tribunal Decision
Outcome
Application for leave to appeal refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'well Founded Fear of Persecution' 'new Evidence on Review' 'humanitarian Considerations']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'well Founded Fear of Persecution' 'new Evidence on Review' 'humanitarian Considerations']

Case Brief

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Procedural Posture

Application for Leave to Appeal in a Migration Protection Visa Judicial Review Proceeding / Leave to Appeal Against Orders of Mc Innis FM Dismissing the Applicant's Application for Orders Nisi in Respect of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether leave should be granted to appeal from the Federal Magistrates Court orders dismissing the application for orders nisi.' 'Whether the Refugee Review Tribunal made an error of law or jurisdictional error in affirming refusal of a protection visa.' "Whether the Court could consider material not before the Tribunal or relating to events after the Tribunal's decision." "Whether humanitarian considerations concerning the applicant's wife and family separation were relevant to the protection visa decision."]

Ratio Decidendi

Leave to appeal was refused because the applicant did not show that the Tribunal made an error of law in affirming the delegate's refusal of a protection visa. The later material concerning conditions in Sri Lanka and the tsunami was not before the Tribunal or related to events after its decision and could not found review. The Tribunal was entitled to conclude that the past incidents accepted by it were too remote to substantiate an objectively well-founded fear at the time of decision, and any appeal was bound to fail.

Court Disposition

Application for leave to appeal refused.

Orders

  • ['Application for leave to appeal is refused.' "The applicant is to pay the respondent's costs of the proceeding."]