Abako, Eliki Bill v Minister for Immigration & Multicultural Affairs [1998] FCA 247

Abako, Eliki Bill v Minister for Immigration & Multicultural Affairs [1998] FCA 247

The grounds for review under sections 476(1)(e) and 476(1)(g) of the Migration Act were not made out; there was sufficient material before the Tribunal to justify its conclusions, including ample evidence and reasoning supporting credibility findings, and any review of factfinding was outside this court’s jurisdiction.

Jurisdiction
Australia
Judgment Date
18 March 1998
Procedural Posture
Application for Judicial Review / Final Judgment With Stay
Outcome
Application dismissed with costs; stay granted for 10 days to permit further submissions.
Legal Topics
['protection Visa' 'refugee Status Determination' 'judicial Review' 'credibility Assessment']
['migration'] ['protection Visa' 'refugee Status Determination' 'judicial Review' 'credibility Assessment']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Judicial Review / Final Judgment With Stay

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal erred in law under section 476(1)(e) of the Migration Act 1958 (Cth)' "Whether there was no evidence or other material to justify the Tribunal's decision under section 476(1)(g) of the Migration Act 1958 (Cth)"]

Ratio Decidendi

The grounds for review under sections 476(1)(e) and 476(1)(g) of the Migration Act were not made out; there was sufficient material before the Tribunal to justify its conclusions, including ample evidence and reasoning supporting credibility findings, and any review of factfinding was outside this court’s jurisdiction.

Court Disposition

Application dismissed with costs; stay granted for 10 days to permit further submissions.

Orders

  • ['Application for review dismissed with costs' 'Stay of effect of orders up to and including 27 March 1998' 'Liberty to applicant to file further submissions by 24 March 1998' 'Minister to respond by 26 March 1998' 'Matter to be listed for directions on 27 March 1998 if submissions received']