Doss v Minister for Immigration & Multicultural Affairs [1999] FAC 1780

Doss v Minister for Immigration & Multicultural Affairs [1999] FAC 1780

The Tribunal was not obliged under s 430(1)(c) of the Migration Act to provide reasons for rejecting parts of the Amnesty International submission that were merely relevant to material questions of fact, and not material facts themselves. The Tribunal accordingly did not breach s 430.

Jurisdiction
Australia
Judgment Date
17 December 1999
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
['refugee Protection Visa' 'tribunal Decision Review' 's 430 Migration Act Reasons']

Case Brief

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Procedural Posture

Appeal / Final Judgment

  1. 1 ['Whether the Refugee Review Tribunal breached s 430(1)(c) of the Migration Act 1958 (Cth) by failing to address information from Amnesty International relevant to risk of fabricated charges against protestors and dissidents in India']

Ratio Decidendi

The Tribunal was not obliged under s 430(1)(c) of the Migration Act to provide reasons for rejecting parts of the Amnesty International submission that were merely relevant to material questions of fact, and not material facts themselves. The Tribunal accordingly did not breach s 430.

Court Disposition

appeal dismissed

Orders

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