NAMM of 2002 v Minister for Immigration & Multicultural.& Indigenous Affairs [2003] FCAFC 32

NAMM of 2002 v Minister for Immigration & Multicultural.& Indigenous Affairs [2003] FCAFC 32

The appeal failed because none of the appellants' complaints rose above challenges to the Tribunal's factual findings and reasoning; the Tribunal had considered but was not persuaded by the psychotherapist's reports because they depended on a history it did not accept; no lack of bona fides was disclosed; and the failure-to-exercise-jurisdiction ground was subsumed in the unsuccessful unreasonableness argument. In any event, the Tribunal's finding that the appellants could reasonably relocate within Russia was not shown to involve legal or factual error.

Jurisdiction
Australia
Judgment Date
06 March 2003
Procedural Posture
Migration Judicial Review Concerning Refusal of Protection Visas / Appeal to the Full Court of the Federal Court From Dismissal of an Application Under S 39 B of the Judiciary Act 1903 (cth)
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'unreasonableness' 'failure to Take Into Account Relevant Considerations' 'bona Fides' 'reasonable Relocation' 'privative Clause']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'unreasonableness' 'failure to Take Into Account Relevant Considerations' 'bona Fides' 'reasonable Relocation' 'privative Clause']

Case Brief

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Procedural Posture

Migration Judicial Review Concerning Refusal of Protection Visas / Appeal to the Full Court of the Federal Court From Dismissal of an Application Under S 39 B of the Judiciary Act 1903 (cth)

Legal Issues

  1. 1 ["Whether the Tribunal's findings were so unreasonable, illogical, or unsupported by probative material as to constitute jurisdictional error." "Whether the Tribunal failed to take into account the import of the psychotherapist's reports concerning the appellants' psychological conditions." 'Whether the Tribunal acted with a lack of bona fides or intellectual honesty.' 'Whether the Tribunal failed or constructively failed to attain or exercise jurisdiction.' 'Whether the appellants could reasonably relocate within Russia, including to Ivanovo.']

Ratio Decidendi

The appeal failed because none of the appellants' complaints rose above challenges to the Tribunal's factual findings and reasoning; the Tribunal had considered but was not persuaded by the psychotherapist's reports because they depended on a history it did not accept; no lack of bona fides was disclosed; and the failure-to-exercise-jurisdiction ground was subsumed in the unsuccessful unreasonableness argument. In any event, the Tribunal's finding that the appellants could reasonably relocate within Russia was not shown to involve legal or factual error.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellants are to pay the respondent's costs of the appeal."]