Hassan, Mohammed v Minister for Immigration & Multicultural Affairs [1997] FCA 920

Hassan, Mohammed v Minister for Immigration & Multicultural Affairs [1997] FCA 920

The applicant relied on matters raising questions of fact and merit and did not assert or establish any error of law, procedural error, or other ground of review under the Migration Act 1958 (Cth); because the Court's review jurisdiction was limited to such grounds, the application had to be dismissed.

Jurisdiction
Australia
Judgment Date
29 July 1998
Procedural Posture
Application for an Order of Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Ex Tempore Judgment
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'grounds of Review' 'questions of Fact and Merit']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'grounds of Review' 'questions of Fact and Merit']

Case Brief

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Procedural Posture

Application for an Order of Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the applicant established an error of law, procedural error, or other ground of review under the Migration Act 1958 (Cth).' "Whether the applicant's dissatisfaction with the assessment of his circumstances in Bangladesh raised reviewable error rather than questions of fact and merit for the Tribunal."]

Ratio Decidendi

The applicant relied on matters raising questions of fact and merit and did not assert or establish any error of law, procedural error, or other ground of review under the Migration Act 1958 (Cth); because the Court's review jurisdiction was limited to such grounds, the application had to be dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for review should be dismissed with costs.']