Applicant S70 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 84

Applicant S70 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 84

The application failed because the Tribunal gave the applicant a fair opportunity to address the obvious issues of current risk and State protection, was entitled to rely on country information and determine its weight, made factual findings open on the material, did not commit jurisdictional error in its treatment of State protection, past eviction, police inaction, the daughter's circumstances or the press clippings, and an extension of time would therefore be futile.

Jurisdiction
Australia
Judgment Date
13 February 2004
Procedural Posture
Migration Judicial Review Application Under S 39 B of the Judiciary Act 1903 (cth) Seeking Constitutional Writs / Proceedings Remitted From the High Court to the Federal Court; Application for Prohibition, Certiorari and Mandamus and Extension of Time After Refugee Review Tribunal Affirmed Refusal of Protection Visas
Outcome
Application dismissed with costs, including reserved costs; extension of time declined; Notice of Motion filed on 24 October 2003 dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'natural Justice' 'jurisdictional Error' 'country Information' 'state Protection' 'well Founded Fear of Persecution' 'extension of Time']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'natural Justice' 'jurisdictional Error' 'country Information' 'state Protection' 'well Founded Fear of Persecution' 'extension of Time']

Case Brief

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Procedural Posture

Migration Judicial Review Application Under S 39 B of the Judiciary Act 1903 (cth) Seeking Constitutional Writs / Proceedings Remitted From the High Court to the Federal Court; Application for Prohibition, Certiorari and Mandamus and Extension of Time After Refugee Review Tribunal Affirmed Refusal of Protection Visas

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal denied natural justice by relying on DFAT and other country information without giving the applicant copies of the reports' "Whether there was evidence to support the Tribunal's findings about the Fijian government's commitment to equality and availability of State protection" 'Whether the Tribunal erred in finding that the relevant State authorities had not been given the opportunity to respond to harassment suffered by the applicant' "Whether the Tribunal applied the wrong test for well-founded fear of persecution or failed to consider the applicant's daughter's position" 'Whether the Tribunal failed to exercise jurisdiction or made jurisdictional error in its treatment of the violent eviction, police inaction, Convention reasons, and current country conditions' 'Whether the Tribunal failed to take relevant and critical information into account by not referring to press clippings submitted by the applicant' 'Whether time should be extended for relief by certiorari or mandamus']

Ratio Decidendi

The application failed because the Tribunal gave the applicant a fair opportunity to address the obvious issues of current risk and State protection, was entitled to rely on country information and determine its weight, made factual findings open on the material, did not commit jurisdictional error in its treatment of State protection, past eviction, police inaction, the daughter's circumstances or the press clippings, and an extension of time would therefore be futile.

Court Disposition

Application dismissed with costs, including reserved costs; extension of time declined; Notice of Motion filed on 24 October 2003 dismissed.

Orders

  • ['The application be dismissed with costs.' 'The Notice of Motion filed on 24 October 2003 is dismissed.']