Ibrahim, Mustafa v Immigration & Multicultural Affairs [1998] FCA 802

Procedural Posture

Application for an Order of Review Under Part 8 of the Migration Act 1958 (cth) of a Refugee Review Tribunal Decision Concerning a Protection Visa / Federal Court Judicial Review of Tribunal Decision

Legal Issues

1. 1 ["Whether the Tribunal misdirected itself by requiring evidence of Indonesian authorities' interest in the applicant while he lived in Jakarta" "Whether the Tribunal made a reviewable error in finding that the applicant's claim to have been hiding in Jakarta was a recent invention" "Whether the Tribunal erred in assessing the applicant's evidence about persecution of Aceh Merdeka members outside Aceh" 'Whether the Tribunal incorrectly applied the internal flight principle where the feared persecution was said to be by State authorities']

Ratio Decidendi

The applicant did not establish any reviewable error in the Tribunal's decision. The Tribunal was entitled on the evidence to find that the applicant was not in hiding in Jakarta, that the Indonesian authorities had not shown a current interest in him outside Aceh, and that efforts against Aceh Merdeka supporters were restricted to Aceh and surrounding areas. Given the finding that the applicant could safely and reasonably reside in Jakarta, the Tribunal did not err in concluding that he had no well-founded fear of persecution in Indonesia as a whole.

Court Disposition

Application dismissed with costs.

Orders

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