Lasam, M. v Minister for Immigration & Ethnic Affairs [1995] FCA 94
The Tribunal correctly understood and applied the legal definition of 'refugee', and considered all relevant material. Any alleged errors related to factual assessment, not legal error reviewable under the Administrative Decisions (Judicial Review) Act.
- Parties
- Applicant: Maximino Lasam; First Respondent: Minister for Immigration & Ethnic Affairs; Second Respondent: Jill Toohey, sitting as the Refugee Review Tribunal
- Jurisdiction
- Australia
- Judgment Date
- 15 February 1995
- Procedural Posture
- Judicial Review / Decision on Application
- Outcome
- Application dismissed; costs awarded against applicant.
- Legal Topics
- Refugee Status Determination, Error of Law, Relevant Considerations
Case Brief
Summary, issues, holding and outcome
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Parties
Maximino Lasam
Applicant
Minister for Immigration & Ethnic Affairs
First Respondent
Jill Toohey, sitting as the Refugee Review Tribunal
Second Respondent
Procedural Posture
Judicial Review / Decision on Application
Legal Issues
- 1 Whether the Tribunal misunderstood the definition of 'refugee' under the Convention and Protocol
- 2 Whether the Tribunal failed to take into account relevant considerations in assessing the applicant's claims
Ratio Decidendi
The Tribunal correctly understood and applied the legal definition of 'refugee', and considered all relevant material. Any alleged errors related to factual assessment, not legal error reviewable under the Administrative Decisions (Judicial Review) Act.
Court Disposition
Application dismissed; costs awarded against applicant.
Orders
- The application is dismissed.
- Applicant to pay the costs of the respondents.
Full Case Text
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