Ferhadieh v Minister for Immigration & Multicultural Affairs [2001] FCA 1682

Ferhadieh v Minister for Immigration & Multicultural Affairs [2001] FCA 1682

The appeal was dismissed because the appellant sought merits reconsideration of the Tribunal's adverse factual finding about his claimed conversion to the Zoroastrian religion, but no procedural, legal, or other reviewable error by the Tribunal was demonstrated, and later-available documents did not provide a basis...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 November 2001
Procedural Posture
Migration – Protection Visa – Appeal From Order Dismissing Application for Review of Decision of Refugee Review Tribunal / Full Court Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'question of Fact' 'well Founded Fear of Persecution' 'religious Conversion' 'ministerial Determination Under S 48 B']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'question of Fact' 'well Founded Fear of Persecution' 'religious Conversion' 'ministerial Determination Under S 48 B']

Source-derived case record

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Procedural Posture

Migration – Protection Visa – Appeal From Order Dismissing Application for Review of Decision of Refugee Review Tribunal / Full Court Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the Court could review the Refugee Review Tribunal's adverse factual finding that the appellant had not converted to the Zoroastrian religion." "Whether the appellant identified procedural or legal error, or another reviewable error, in the Tribunal's decision." "Whether documents said to have become available after the Tribunal's decision provided a basis for review."]

Ratio Decidendi

The appeal was dismissed because the appellant sought merits reconsideration of the Tribunal's adverse factual finding about his claimed conversion to the Zoroastrian religion, but no procedural, legal, or other reviewable error by the Tribunal was demonstrated, and later-available documents did not provide a basis for judicial review.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs of the appeal to be taxed if not agreed."]