N1168/00A v Minister for Immigration & Multicultural Affairs [2001] FCA 686

N1168/00A v Minister for Immigration & Multicultural Affairs [2001] FCA 686

The appeal papers did not suggest that the appellants persisted before the Tribunal with a claim that ethnic Chinese generally faced a real chance of persecution in Myanmar, or that any material before the Tribunal raised that possibility. Any such claim was to be regarded as abandoned, so the Tribunal was not obliged to address it or make findings on it. The asserted ground of review was therefore futile and the appeals could not succeed.

Jurisdiction
Australia
Judgment Date
20 June 2001
Procedural Posture
Migration Act Protection Visa Judicial Review Appeal / Appeal From Orders Dismissing S 476 Applications to Review Refugee Review Tribunal Decisions
Outcome
Appeals dismissed with costs.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'judicial Review' 'real Chance of Persecution' 'ethnic Chinese in Myanmar' 'abandoned Claims']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visas' 'refugee Review Tribunal' 'judicial Review' 'real Chance of Persecution' 'ethnic Chinese in Myanmar' 'abandoned Claims']

Case Brief

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Procedural Posture

Migration Act Protection Visa Judicial Review Appeal / Appeal From Orders Dismissing S 476 Applications to Review Refugee Review Tribunal Decisions

Legal Issues

  1. 1 ['Whether the Tribunal erred in assessing the real chance that the appellants might be persecuted by reason of their Chinese ethnicity if returned to Myanmar.' 'Whether the Tribunal failed to address the appellants\' expressed fear of an "anti-Chinese back-lash".' 'Whether the primary judge erred in failing to address that ground of review.']

Ratio Decidendi

The appeal papers did not suggest that the appellants persisted before the Tribunal with a claim that ethnic Chinese generally faced a real chance of persecution in Myanmar, or that any material before the Tribunal raised that possibility. Any such claim was to be regarded as abandoned, so the Tribunal was not obliged to address it or make findings on it. The asserted ground of review was therefore futile and the appeals could not succeed.

Court Disposition

Appeals dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs."]