Kimura, Joji v Minister for Immigration & Multicultural Affairs [1997] FCA 1352

Kimura, Joji v Minister for Immigration & Multicultural Affairs [1997] FCA 1352

The appellant identified no basis for any ground of review under s 476 of the Migration Act: there was no evidence that his mental condition denied him substantial fairness before the Tribunal; the Tribunal's rejection of AUM sect membership was a finding of fact with no demonstrated basis for interference; awareness by Japanese authorities of the application was not established and, in any event, the appellant did not suggest persecution on political grounds; and the transcript showed that the Tribunal member explained the Convention in simple, accurate and comprehensive terms. No justification for an adjournment was shown. The appeal was dismissed with costs.

Jurisdiction
Australia
Judgment Date
24 November 1997
Procedural Posture
Appeal in Migration/refugee Matter From a Judge of the Federal Court of Australia / Appeal Against Dismissal of Application for Review of a Refugee Review Tribunal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'well Founded Fear of Persecution' 'refugee Review Tribunal' 'procedural Fairness' 'judicial Review Under S 476 of the Migration Act' 'adjournment']
['migration Law' 'refugee Law' 'administrative Law'] ['protection Visa' 'well Founded Fear of Persecution' 'refugee Review Tribunal' 'procedural Fairness' 'judicial Review Under S 476 of the Migration Act' 'adjournment']

Case Brief

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Procedural Posture

Appeal in Migration/refugee Matter From a Judge of the Federal Court of Australia / Appeal Against Dismissal of Application for Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the Tribunal hearing denied the appellant substantial fairness because of his mental condition.' "Whether the appellant's claimed secret information about the AUM sect supported a well-founded fear of persecution." 'Whether alleged awareness by the Japanese Embassy of the protection visa application supported a claim of persecution on political grounds.' 'Whether the Tribunal member adequately explained the substance of the Convention Relating to the Status of Refugees.' 'Whether the appeal should be adjourned to allow the appellant more time to investigate matters and obtain information.']

Ratio Decidendi

The appellant identified no basis for any ground of review under s 476 of the Migration Act: there was no evidence that his mental condition denied him substantial fairness before the Tribunal; the Tribunal's rejection of AUM sect membership was a finding of fact with no demonstrated basis for interference; awareness by Japanese authorities of the application was not established and, in any event, the appellant did not suggest persecution on political grounds; and the transcript showed that the Tribunal member explained the Convention in simple, accurate and comprehensive terms. No justification for an adjournment was shown. The appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.']