Sarker v Minister for Immigration & Multicultural Affairs [2001] FCA 190

Sarker v Minister for Immigration & Multicultural Affairs [2001] FCA 190

The applicant did not establish that the RRT made an error of law under s 476(1)(e) of the Migration Act 1958 (Cth); the court cannot interfere with the RRT's factual findings or credibility assessments absent jurisdictional error.

Parties
Applicant: Manirul Islam Sarker; Respondent: Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
07 March 2001
Procedural Posture
Application for Review (judicial Review of Administrative Decision) / Final Judgment at First Instance
Outcome
Application dismissed
Legal Topics
Protection Visas, Judicial Review, Refugee Status Determination
Immigration Law Administrative Law Protection Visas Judicial Review Refugee Status Determination

Case Brief

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Parties

Manirul Islam Sarker

Applicant

Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Application for Review (judicial Review of Administrative Decision) / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the Refugee Review Tribunal erred in law in affirming the decision to refuse a protection visa
  2. 2 Whether the RRT's findings of fact or credibility involved an error of law under s 476(1)(e) of the Migration Act 1958 (Cth)

Ratio Decidendi

The applicant did not establish that the RRT made an error of law under s 476(1)(e) of the Migration Act 1958 (Cth); the court cannot interfere with the RRT's factual findings or credibility assessments absent jurisdictional error.

Court Disposition

Application dismissed

Orders

  • The Application be dismissed.
  • The Applicant pay the costs of the Respondent.