Nyarko, Eric Akwasi v Minister for Immigration & Multicultural Affairs & Anor [1998] FCA 307

Nyarko, Eric Akwasi v Minister for Immigration & Multicultural Affairs & Anor [1998] FCA 307

The Court found the Tribunal did not commit any error of law in concluding the applicant was not a refugee and not entitled to a protection visa, primarily due to adverse findings on credibility and lack of supporting evidence for the applicant's claims about ritual killings in Ghana.

Parties
Applicant: Eric Akwasi Nyarko; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal (Roslyn Smidt)
Jurisdiction
Australia
Judgment Date
03 March 1998
Procedural Posture
Judicial Review / Judgment
Outcome
Application for review dismissed
Legal Topics
Protection Visa, Refugee Status Determination, Judicial Review, Error of Law, Sections 420 and 476 Migration Act 1958, Deportation, Tribunal Decision Making Processes
Migration Law Administrative Law Protection Visa Refugee Status Determination Judicial Review Error of Law Sections 420 and 476 Migration Act 1958 Deportation +1 more

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Parties

Eric Akwasi Nyarko

Applicant

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal (Roslyn Smidt)

Second Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Refugee Review Tribunal erred in finding that the applicant was not a refugee
  2. 2 Whether the Tribunal committed an error of law in its assessment of credibility
  3. 3 Whether the Tribunal failed to take relevant evidence into account

Ratio Decidendi

The Court found the Tribunal did not commit any error of law in concluding the applicant was not a refugee and not entitled to a protection visa, primarily due to adverse findings on credibility and lack of supporting evidence for the applicant's claims about ritual killings in Ghana.

Court Disposition

Application for review dismissed

Orders

  • Application for review dismissed
  • Applicant to pay the respondent's costs of the application for review