Mohammad Rashid v Minister for Immigration & Multicultural Affairs [2000] FCA 102

Mohammad Rashid v Minister for Immigration & Multicultural Affairs [2000] FCA 102

The s 476(1)(g) no evidence ground was not made out. The Tribunal did not make the alleged finding that the applicant had committed an offence in terms of section 5 of the Prevention of Terrorism Act (Sri Lanka), and there was material before the Tribunal, including the applicant's own account and the Sri Lankan legislative material, from which it could be satisfied that the applicant may face prosecution in Sri Lanka. The Tribunal was entitled to treat the possible prosecution as arising from assistance to an armed insurgent organisation rather than from an imputed political opinion or other Convention reason.

Jurisdiction
Australia
Judgment Date
09 February 2000
Procedural Posture
Application Under S 476 of the Migration Act 1958 for an Order of Review of a Refugee Review Tribunal Decision / Federal Court Judicial Review
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'no Evidence Ground' 'imputed Political Opinion' 'convention Reason' 'prosecution Under Foreign Criminal Law']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'no Evidence Ground' 'imputed Political Opinion' 'convention Reason' 'prosecution Under Foreign Criminal Law']

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Procedural Posture

Application Under S 476 of the Migration Act 1958 for an Order of Review of a Refugee Review Tribunal Decision / Federal Court Judicial Review

Legal Issues

  1. 1 ['Whether the Tribunal based its decision on the existence of a particular fact that the applicant had committed an offence in terms of section 5 of the Prevention of Terrorism Act (Sri Lanka) in supplying timber to the LTTE, and that fact did not exist.' 'Whether the Tribunal based its decision on the existence of a particular fact that the police were seeking the applicant with the object of prosecuting him under the criminal law of Sri Lanka, and that fact did not exist.' 'Whether the material before the Tribunal could support satisfaction that the applicant may face prosecution in Sri Lanka rather than persecution for an imputed political opinion or other Convention reason.']

Ratio Decidendi

The s 476(1)(g) no evidence ground was not made out. The Tribunal did not make the alleged finding that the applicant had committed an offence in terms of section 5 of the Prevention of Terrorism Act (Sri Lanka), and there was material before the Tribunal, including the applicant's own account and the Sri Lankan legislative material, from which it could be satisfied that the applicant may face prosecution in Sri Lanka. The Tribunal was entitled to treat the possible prosecution as arising from assistance to an armed insurgent organisation rather than from an imputed political opinion or other Convention reason.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant pay the respondent's costs."]