Kwakye, Johnson v Minister for Immigration & Multicultural Affairs [1998] FCA 1324

Kwakye, Johnson v Minister for Immigration & Multicultural Affairs [1998] FCA 1324

The applicant did not establish any ground of review. The Tribunal rationally considered the evidence before it, was entitled to rely on inconsistencies in the applicant's account and country information about Ghana, and was not obliged to obtain the additional information proposed by the applicant. The witness chose not to give oral evidence and the Tribunal had his written statement. The Tribunal fairly put adverse matters to the applicant, its refusal to adjourn or reconstitute the matter did not establish unfairness, and the circumstances did not support any finding of actual bias or a closed mind. Accordingly, the application for review was dismissed.

Jurisdiction
Australia
Judgment Date
20 October 1998
Procedural Posture
Application for an Order of Review Under Part 8 of the Migration Act 1958 Concerning Refusal of a Protection Visa / Federal Court Judicial Review of Refugee Review Tribunal Decision Affirming Delegate's Refusal
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'substantial Justice and Merits' 'fairness' 'actual Bias' 'country Information' 'well Founded Fear of Persecution']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'substantial Justice and Merits' 'fairness' 'actual Bias' 'country Information' 'well Founded Fear of Persecution']

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 an Order of Review Under Part 8 of the Migration Act 1958 Concerning Refusal of a Protection Visa / Federal Court Judicial Review of Refugee Review Tribunal Decision Affirming Delegate's Refusal

Legal Issues

  1. 1 ['Whether procedures required by the Migration Act 1958 or regulations were not observed in connection with the Tribunal decision.' 'Whether the Tribunal decision involved an error of law by incorrect interpretation of the applicable law, including s 420(2)(b) of the Migration Act 1958.' 'Whether the Tribunal failed to act according to substantial justice and the merits of the case by not taking further steps to obtain probative evidence or country information.' 'Whether the Tribunal failed to provide a fair mechanism of review, including in relation to the adjournment request and the witness who declined to give oral evidence.' 'Whether the Tribunal decision was affected by actual bias.']

Ratio Decidendi

The applicant did not establish any ground of review. The Tribunal rationally considered the evidence before it, was entitled to rely on inconsistencies in the applicant's account and country information about Ghana, and was not obliged to obtain the additional information proposed by the applicant. The witness chose not to give oral evidence and the Tribunal had his written statement. The Tribunal fairly put adverse matters to the applicant, its refusal to adjourn or reconstitute the matter did not establish unfairness, and the circumstances did not support any finding of actual bias or a closed mind. Accordingly, the application for review was dismissed.

Court Disposition

Application dismissed with costs.

Orders

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