El Hejjar v Minister for Immigration & Multicultural Affairs [1999] FCA 1331

El Hejjar v Minister for Immigration & Multicultural Affairs [1999] FCA 1331

The no evidence ground failed because the Amnesty International report did not demonstrate that, as a general rule or in the applicant's case, persons suspected of security offences undergo more rigorous treatment than persons under investigation for other criminal offences, and in any event the Tribunal's decision was not based on the impugned statement. The Tribunal found that any real chance of harm arose from investigation or prosecution for Lebanese security offences connected with the applicant's trading with Israel, not for political opinion or another Convention reason. The s430 ground also failed because the report supported the accepted finding that there was a real chance of...

Jurisdiction
Australia
Judgment Date
13 September 1999
Procedural Posture
Application for Review Under Part 8 of the Migration Act 1958 (cth) of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Judicial Review; Application Dismissed
Outcome
Application dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'no Evidence Ground' 'procedural Requirements' 'adequacy of Reasons' 'convention Reason for Persecution']
['migration' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'no Evidence Ground' 'procedural Requirements' 'adequacy of Reasons' 'convention Reason for Persecution']

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Procedural Posture

Application for Review Under Part 8 of the Migration Act 1958 (cth) of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Judicial Review; Application Dismissed

Legal Issues

  1. 1 ["Whether there was no evidence or other material to justify the Tribunal's decision within s476(1)(g) and s476(4)(b) of the Migration Act 1958 (Cth)." 'Whether the Tribunal failed to observe procedures required by the Act by failing to comply with s430 of the Migration Act 1958 (Cth).' "Whether the Amnesty International report was apparently probative material relevant to a material issue requiring specific treatment in the Tribunal's reasons." 'Whether the harm feared by the applicant was for a Convention reason rather than because of investigation or prosecution for security offences arising from trading with Israel.']

Ratio Decidendi

The no evidence ground failed because the Amnesty International report did not demonstrate that, as a general rule or in the applicant's case, persons suspected of security offences undergo more rigorous treatment than persons under investigation for other criminal offences, and in any event the Tribunal's decision was not based on the impugned statement. The Tribunal found that any real chance of harm arose from investigation or prosecution for Lebanese security offences connected with the applicant's trading with Israel, not for political opinion or another Convention reason. The s430 ground also failed because the report supported the accepted finding that there was a real chance of...

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']