Hermiz v Minister for Immigration & Multicultural Affairs [1999] FCA 1737

Hermiz v Minister for Immigration & Multicultural Affairs [1999] FCA 1737

The Court found that the Tribunal made clear and unequivocal findings rejecting the applicants' evidence regarding harassment and pursuit, and was not required to make further findings concerning events it disbelieved; accordingly, there was no breach of s 430(1)(c) Migration Act 1958 (Cth), and the application for review must be dismissed.

Jurisdiction
Australia
Judgment Date
09 December 1999
Procedural Posture
Application for Judicial Review / Judgment at First Instance
Outcome
application dismissed
Legal Topics
['protection Visas' 'judicial Review' 'adequacy of Reasons' 'well Founded Fear of Persecution' 'findings of Fact']
['migration Law' 'administrative Law'] ['protection Visas' 'judicial Review' 'adequacy of Reasons' 'well Founded Fear of Persecution' 'findings of Fact']

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Procedural Posture

Application for Judicial Review / Judgment at First Instance

Legal Issues

  1. 1 ['Whether the Tribunal failed to give adequate reasons under s 430(1)(c) Migration Act 1958 (Cth)' 'Whether the Tribunal made an error in not making findings as to what did happen regarding the alleged harassment' 'Whether the applicants had a subjective fear of persecution' "Whether the Tribunal properly applied the Convention definition of 'refugee'" 'Whether the Tribunal properly applied principles relating to internal relocation']

Ratio Decidendi

The Court found that the Tribunal made clear and unequivocal findings rejecting the applicants' evidence regarding harassment and pursuit, and was not required to make further findings concerning events it disbelieved; accordingly, there was no breach of s 430(1)(c) Migration Act 1958 (Cth), and the application for review must be dismissed.

Court Disposition

application dismissed

Orders

  • ['The application be dismissed.' "The applicants pay the respondent's costs."]