Applicant S116/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 618

Applicant S116/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 618

The application did not raise sufficient doubt concerning the Federal Magistrate's decision to warrant a grant of leave to appeal as no jurisdictional error by the Tribunal was established and alleged errors did not affect the ultimate conclusion that harm was not for a Convention reason.

Parties
Applicant: Applicant S116/2003; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
08 May 2006
Procedural Posture
Application for Leave to Appeal / Determination of Application for Leave to Appeal From Federal Magistrate's Decision
Outcome
Application for leave to appeal dismissed
Legal Topics
Protection Visa, Leave to Appeal, Jurisdictional Error, Persecution Under Refugee Convention, Federal Magistrates Court Appeals
Migration Protection Visa Leave to Appeal Jurisdictional Error Persecution Under Refugee Convention Federal Magistrates Court Appeals

Case Brief

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Parties

Applicant S116/2003

Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal From Federal Magistrate's Decision

Legal Issues

  1. 1 Whether Tribunal erred in assessing seriousness of harm for persecution
  2. 2 Whether Tribunal applied correct test under s 91R(1)(a) of Migration Act 1958 (Cth)
  3. 3 Whether Tribunal failed to consider State complicity or tolerance of harm

Ratio Decidendi

The application did not raise sufficient doubt concerning the Federal Magistrate's decision to warrant a grant of leave to appeal as no jurisdictional error by the Tribunal was established and alleged errors did not affect the ultimate conclusion that harm was not for a Convention reason.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The application be treated as an application for leave to appeal from the decision of Scarlett FM of 16 January 2006.
  • The application for leave to appeal be dismissed.