Raharjo v Minister for Immigration and Multicultural Affairs [2001] FCA 1726

Raharjo v Minister for Immigration and Multicultural Affairs [2001] FCA 1726

The application failed because nothing in the material showed actual bias by the Tribunal member, and there was abundant evidence upon which the Tribunal could conclude that the applicant did not have a well-founded fear of persecution, including independent information about protection by Indonesian authorities and the applicant's conduct in not leaving Indonesia for China with his family after the May 1998 incident.

Jurisdiction
Australia
Judgment Date
05 December 2001
Procedural Posture
Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Review; Final Judgment
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'actual Bias' 'no Evidence Ground of Review' 'well Founded Fear of Persecution']
['immigration' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'actual Bias' 'no Evidence Ground of Review' 'well Founded Fear of Persecution']

Case Brief

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Procedural Posture

Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Review; Final Judgment

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal's decision was induced or affected by actual bias." "Whether there was no evidence or other material to justify the making of the Tribunal's decision." 'Whether it was open to the Tribunal to conclude that the applicant did not have a well-founded fear of persecution for a Convention reason.']

Ratio Decidendi

The application failed because nothing in the material showed actual bias by the Tribunal member, and there was abundant evidence upon which the Tribunal could conclude that the applicant did not have a well-founded fear of persecution, including independent information about protection by Indonesian authorities and the applicant's conduct in not leaving Indonesia for China with his family after the May 1998 incident.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs."]