Applicants M60/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1612

Applicants M60/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1612

The Refugee Review Tribunal considered and rejected the appellants' explanation for not reporting the incidents to police; whether considered as an integer or as evidence, the Tribunal discharged its statutory obligations by addressing the matter. There was no jurisdictional error. The appeal is therefore dismissed.

Parties
Appellants: Applicants M60/2002; Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
08 December 2004
Procedural Posture
Appeal / Judgment on Appeal From Federal Magistrates Court
Outcome
appeal dismissed
Legal Topics
Protection Visa, Refugee Status, Jurisdictional Error, Credibility Assessment, State Protection
Migration Law Protection Visa Refugee Status Jurisdictional Error Credibility Assessment State Protection

Case Brief

Summary, issues, holding and outcome

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Parties

Applicants M60/2002

Appellants

Minister for Immigration and Multicultural and Indigenous Affairs

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Magistrates Court

Legal Issues

  1. 1 Whether the Refugee Review Tribunal failed to consider an element or integer of the appellants' claim by not making a finding on their explanation for not reporting threats to the police (fear of reprisals)
  2. 2 Whether failure to consider that explanation constituted jurisdictional error

Ratio Decidendi

The Refugee Review Tribunal considered and rejected the appellants' explanation for not reporting the incidents to police; whether considered as an integer or as evidence, the Tribunal discharged its statutory obligations by addressing the matter. There was no jurisdictional error. The appeal is therefore dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellants pay the respondent's costs.