Khan v Minister for Immigration & Multicultural Affairs [2000] FCA 1478

Khan v Minister for Immigration & Multicultural Affairs [2000] FCA 1478

On the Tribunal's findings, there was no real doubt that the applicant’s adverse experiences were not for a Convention reason and there was no prospect that cumulative factors would give rise to a well-founded fear of persecution. The Tribunal was not required to consider the possibility that these findings were wrong or to assess the remote risk cumulatively, and it did not fail to make a finding on any material question of fact necessary for its decision.

Parties
Applicant: Dowlat Khan; Respondent: Minister for Immigration & Multicultural Affairs
Jurisdiction
Australia
Judgment Date
18 October 2000
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Error of Law, Review of Refugee Decisions, Refugee Status Determination, Well Founded Fear of Persecution, Material Questions of Fact
Migration Law Administrative Law Error of Law Review of Refugee Decisions Refugee Status Determination Well Founded Fear of Persecution Material Questions of Fact

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Dowlat Khan

Applicant

Minister for Immigration & Multicultural Affairs

Respondent

Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Refugee Review Tribunal failed to consider the cumulative effect of the applicant's claims in assessing the risk of persecution.
  2. 2 Whether the Tribunal erred in law under s 476(1)(e) of the Migration Act 1958 (Cth).
  3. 3 Whether the Tribunal failed to make a finding on a material question of fact.

Ratio Decidendi

On the Tribunal's findings, there was no real doubt that the applicant’s adverse experiences were not for a Convention reason and there was no prospect that cumulative factors would give rise to a well-founded fear of persecution. The Tribunal was not required to consider the possibility that these findings were wrong or to assess the remote risk cumulatively, and it did not fail to make a finding on any material question of fact necessary for its decision.

Court Disposition

application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the respondent's costs of the proceeding.