Larbi-Aissa v Minister for Immigration & Multicultural Affairs [1999] FCA 1851

Larbi-Aissa v Minister for Immigration & Multicultural Affairs [1999] FCA 1851

The application failed because the applicant's complaints were, in substance, challenges to findings of fact that the Tribunal was entitled to make on the material before it; no ground under s 476(1) of the Migration Act 1958 was made out, and the Tribunal had referred to the evidence and material on which its findings were based as required by s 430(1).

Jurisdiction
Australia
Judgment Date
24 December 1999
Procedural Posture
Application to Review a Decision of the Refugee Review Tribunal Affirming Refusal of a Protection Visa / Federal Court Judicial Review
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'migration Act 1958 S 476(1)' 'migration Act 1958 S 430(1)' 'findings of Fact' 'well Founded Fear of Persecution']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'migration Act 1958 S 476(1)' 'migration Act 1958 S 430(1)' 'findings of Fact' 'well Founded Fear of Persecution']

Case Brief

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Procedural Posture

Application to Review a Decision of the Refugee Review Tribunal Affirming Refusal of a Protection Visa / Federal Court Judicial Review

Legal Issues

  1. 1 ["Whether any ground of review under s 476(1) of the Migration Act 1958 was made out in relation to the Tribunal's findings about alleged recall to Algerian military service." "Whether the Tribunal erred in its treatment of material concerning recall of reservists and the applicant's inability to produce a recall notice." 'Whether the Tribunal overlooked that the applicant came from Médéa when considering his claimed risk of harm from Islamic militants.' 'Whether the Tribunal complied with s 430(1) of the Migration Act 1958 by referring to the evidence and material on which its findings were based.']

Ratio Decidendi

The application failed because the applicant's complaints were, in substance, challenges to findings of fact that the Tribunal was entitled to make on the material before it; no ground under s 476(1) of the Migration Act 1958 was made out, and the Tribunal had referred to the evidence and material on which its findings were based as required by s 430(1).

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant pay the respondent's costs."]