Domingo v Minister for Immigration & Multicultural Affairs [2001] FCA 1403

Domingo v Minister for Immigration & Multicultural Affairs [2001] FCA 1403

The Tribunal did not err in law or misapply the test for 'well-founded fear of persecution'; viewed as a whole, the Tribunal's reasons demonstrated application of the correct legal principles, despite some imprecise language.

Jurisdiction
Australia
Judgment Date
21 August 2001
Procedural Posture
Appeal / Appeal From Single Judge to Full Court of Federal Court
Outcome
appeal dismissed
Legal Topics
['protection Visa' 'refugee Status' 'judicial Review']
['immigration Law'] ['protection Visa' 'refugee Status' 'judicial Review']

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

Appeal / Appeal From Single Judge to Full Court of Federal Court

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal applied the correct legal test for 'well-founded fear of persecution' under the Refugees Convention" 'Whether there was a reviewable error in the application of the law to the facts regarding imputed political opinion and risk of persecution']

Ratio Decidendi

The Tribunal did not err in law or misapply the test for 'well-founded fear of persecution'; viewed as a whole, the Tribunal's reasons demonstrated application of the correct legal principles, despite some imprecise language.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' "The appellant pay the respondent's costs of the appeal."]