Mohammed Rasel v Minister for Immigration & Multicultural Affairs [2001] FCA 443

Mohammed Rasel v Minister for Immigration & Multicultural Affairs [2001] FCA 443

The application failed because the RRT did not find that any documents the applicant might produce would be false; read beneficially, it found only that there was a risk they could be false and decided to proceed in light of the applicant's poor evidence, delay in producing documents, and major inconsistencies. Even if the RRT had made the alleged statement, it would have been a prediction rather than a particular fact under s 476(4)(b), it would at most have related to a procedural decision to wait no longer rather than the ultimate decision, and the applicant did not prove by admissible evidence that the alleged fact did not exist.

Jurisdiction
Australia
Judgment Date
20 April 2001
Procedural Posture
Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Judicial Review; Application Dismissed
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa Refusal' 'refugee Review Tribunal' 'no Evidence Ground of Review' 'migration Act 1958 (cth) S 476(1)(g)' 'migration Act 1958 (cth) S 476(4)(b)' 'particular Fact' 'beneficial Construction of Tribunal Reasons']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa Refusal' 'refugee Review Tribunal' 'no Evidence Ground of Review' 'migration Act 1958 (cth) S 476(1)(g)' 'migration Act 1958 (cth) S 476(4)(b)' 'particular Fact' 'beneficial Construction of Tribunal Reasons']

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Procedural Posture

Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Judicial Review; Application Dismissed

Legal Issues

  1. 1 ['Whether the RRT based its decision on the existence of a particular fact that any documents the applicant might produce would be false.' 'Whether a prediction as to future production of false documents is a particular fact within Migration Act 1958 (Cth) s 476(4)(b).' 'Whether an anterior procedural decision to proceed without awaiting further documents is the decision for the purposes of Migration Act 1958 (Cth) s 476(4)(b).' 'Whether the alleged particular fact was proven not to exist by judicially admissible evidence.']

Ratio Decidendi

The application failed because the RRT did not find that any documents the applicant might produce would be false; read beneficially, it found only that there was a risk they could be false and decided to proceed in light of the applicant's poor evidence, delay in producing documents, and major inconsistencies. Even if the RRT had made the alleged statement, it would have been a prediction rather than a particular fact under s 476(4)(b), it would at most have related to a procedural decision to wait no longer rather than the ultimate decision, and the applicant did not prove by admissible evidence that the alleged fact did not exist.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of the proceeding."]