Kabir & Ors v Minister for Immigration & Multicultural Affairs [2001] FCA 248

Kabir & Ors v Minister for Immigration & Multicultural Affairs [2001] FCA 248

No judicially-reviewable error was established under Migration Act 1958 (Cth) s 476. The Tribunal was not obliged to initiate investigations under s 427(1)(d), and its findings as to the applicant's prominence, alleged attacks, and documentary evidence do not attract judicial review unless specified statutory grounds are met.

Parties
First Applicant: Humayun Kabir; Second Applicant: Asheka Rasul Zonaki; Third Applicant: Md. Razaul Kabir; Respondent: Minister for Immigration & Multicultural Affairs
Jurisdiction
Australia
Judgment Date
15 March 2001
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Judicial Review, Protection Visa, Refugee Status, Fact Finding by Tribunal, Procedural Fairness
Migration Judicial Review Protection Visa Refugee Status Fact Finding by Tribunal Procedural Fairness

Case Brief

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Parties

Humayun Kabir

First Applicant

Asheka Rasul Zonaki

Second Applicant

Md. Razaul Kabir

Third Applicant

Minister for Immigration & Multicultural Affairs

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Refugee Review Tribunal (RRT) made judicially-reviewable errors in affirming the refusal of a protection visa.
  2. 2 Whether the RRT made erroneous findings of fact regarding the applicant's prominence in the Jatio Party.
  3. 3 Whether misconstruction of evidence by attributing assertions not made by the applicant constitutes an error under Migration Act 1958 (Cth) s 476(1)(e).

Ratio Decidendi

No judicially-reviewable error was established under Migration Act 1958 (Cth) s 476. The Tribunal was not obliged to initiate investigations under s 427(1)(d), and its findings as to the applicant's prominence, alleged attacks, and documentary evidence do not attract judicial review unless specified statutory grounds are met.

Court Disposition

application dismissed

Orders

  • The application for review is dismissed.
  • The applicants pay the respondent's costs of the proceeding.