Applicant S1050 of 2003 v Refugee Review Tribunal [2005] FCA 1756

Applicant S1050 of 2003 v Refugee Review Tribunal [2005] FCA 1756

The Tribunal did not fall into jurisdictional error in considering the applicant's case, properly balancing his account with available information and applying the correct legal test; the application fails.

Source-derived case information.

Parties
Applicant: Applicant S1050 of 2003; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
29 November 2005
Procedural Posture
Application for Order Nisi / Hearing on Remittal From High Court
Outcome
application dismissed
Legal Topics
Protection Visas, Jurisdictional Error, Well Founded Fear of Persecution, Assessment of Credibility
Migration Law Administrative Law Protection Visas Jurisdictional Error Well Founded Fear of Persecution Assessment of Credibility

Source-derived case record

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Parties

Applicant S1050 of 2003

Applicant

Refugee Review Tribunal

First Respondent

Minister for Immigration and Multicultural and Indigenous Affairs

Second Respondent

Procedural Posture

Application for Order Nisi / Hearing on Remittal From High Court

Legal Issues

  1. 1 Whether the Tribunal fell into jurisdictional error in considering the applicant's claims regarding fear of persecution
  2. 2 Whether the Tribunal properly applied the test of well-founded fear of persecution
  3. 3 Whether the Tribunal incorrectly relied on country information

Ratio Decidendi

The Tribunal did not fall into jurisdictional error in considering the applicant's case, properly balancing his account with available information and applying the correct legal test; the application fails.

Court Disposition

application dismissed

Orders

  • The application for an order nisi be dismissed.
  • The applicant pay the second respondent's costs fixed in the sum of $1500.