Rara, Lydia v Minister for Immigration & Ethnic Affairs & Anor [1997] FCA 964
The Tribunal did not err in declining adjournment, in its manner of receiving evidence, nor in applying the 'relocation' principle, because the applicant failed to demonstrate a real chance of persecution if living in Manila, given her previous history and lack of evidence linking threats to Manila rather than Lambunao.
- Jurisdiction
- Australia
- Judgment Date
- 09 September 1997
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Application dismissed with costs
- Legal Topics
- ['protection Visa' 'refugee Status' 'substantial Justice' 'relocation Principle' 'merits Review']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 ['Whether the Tribunal acted according to substantial justice in refusing to adjourn the hearing' 'Whether the Tribunal acted according to substantial justice regarding interpretations of evidence' "Whether the Tribunal correctly relied upon the 'relocation' principle in assessing well-founded fear of persecution"]
Ratio Decidendi
The Tribunal did not err in declining adjournment, in its manner of receiving evidence, nor in applying the 'relocation' principle, because the applicant failed to demonstrate a real chance of persecution if living in Manila, given her previous history and lack of evidence linking threats to Manila rather than Lambunao.
Court Disposition
Application dismissed with costs
Orders
- ['The application is dismissed with costs.']
Full Case Text
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