Vichlenkova v Minister for Immigration & Multicultural Affairs [1999] FCA 1338

Vichlenkova v Minister for Immigration & Multicultural Affairs [1999] FCA 1338

Any mistakes by the Tribunal as to facts were not based on facts critical to the decision. The Tribunal's conclusion that the applicant would not be recognised or persecuted as a Chechen in Russia was open based on all the evidence. No reviewable error under s 476 was made out, so the appeal must be dismissed.

Source-derived case information.

Parties
Appellant: Diana Vichlenkova; Respondent: Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
17 August 1999
Procedural Posture
Appeal / Judgment on Appeal From Decision of Federal Court Judge Refusing Review of Refugee Review Tribunal's Determination
Outcome
Appeal dismissed
Legal Topics
Protection Visa, Refugee Status, Credibility of Applicant, Review Under Migration Act 1958 S 476
Immigration Protection Visa Refugee Status Credibility of Applicant Review Under Migration Act 1958 S 476

Source-derived case record

Summary, issues, holding and outcome

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Parties

Diana Vichlenkova

Appellant

Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Decision of Federal Court Judge Refusing Review of Refugee Review Tribunal's Determination

Legal Issues

  1. 1 Whether Tribunal made findings for which there was no evidence under s 476(1)(e)/(4)(b) Migration Act
  2. 2 Whether factual errors by Tribunal constituted reviewable error
  3. 3 Whether futility of remittal was a proper ground not to remit

Ratio Decidendi

Any mistakes by the Tribunal as to facts were not based on facts critical to the decision. The Tribunal's conclusion that the applicant would not be recognised or persecuted as a Chechen in Russia was open based on all the evidence. No reviewable error under s 476 was made out, so the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant pay the respondent's costs, including reserved costs.