Shehu v Minister for Immigration & Multicultural Affairs [2002] FCA 35

Shehu v Minister for Immigration & Multicultural Affairs [2002] FCA 35

The application was dismissed because the Court was not satisfied that the Tribunal had prejudged the applicant's claim or acted with actual bias. The Tribunal had referred to and considered the applicant's material and country information, accepted much of his history, and gave reasons for rejecting aspects of his evidence. The Tribunal also did not err in law in finding that the risk from criminal gangs in Albania was general lawlessness rather than persecution for a Convention reason, and it addressed and rejected the claim that criminal gangs would target the applicant because of political involvement or links to the government.

Jurisdiction
Australia
Judgment Date
31 January 2002
Procedural Posture
Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Reasons for Judgment and Order
Outcome
Application dismissed.
Legal Topics
['protection Visa' 'well Founded Fear of Persecution' 'political Opinion' 'convention Nexus' 'actual Bias' 'error of Law' 'criminal Gangs' 'refugee Review Tribunal']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'well Founded Fear of Persecution' 'political Opinion' 'convention Nexus' 'actual Bias' 'error of Law' 'criminal Gangs' 'refugee Review Tribunal']

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Procedural Posture

Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Reasons for Judgment and Order

Legal Issues

  1. 1 ["Whether the Tribunal's decision was induced or affected by actual bias by prejudgment under s 476(1)(f) of the Migration Act 1958 (Cth)." "Whether the Tribunal erred in law under s 476(1)(e) of the Migration Act 1958 (Cth) by concluding that the applicant's fear of criminal gangs was not Convention related." 'Whether the Tribunal failed to address a claim that the applicant feared persecution because of alleged links between criminal gangs, police and the Albanian government.']

Ratio Decidendi

The application was dismissed because the Court was not satisfied that the Tribunal had prejudged the applicant's claim or acted with actual bias. The Tribunal had referred to and considered the applicant's material and country information, accepted much of his history, and gave reasons for rejecting aspects of his evidence. The Tribunal also did not err in law in finding that the risk from criminal gangs in Albania was general lawlessness rather than persecution for a Convention reason, and it addressed and rejected the claim that criminal gangs would target the applicant because of political involvement or links to the government.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']