N258/00A v MIMA [2000] FCA 993

N258/00A v MIMA [2000] FCA 993

The application failed because the applicant did not establish any reviewable error under s 476. The Tribunal had material, including the United Kingdom Home Office country assessment, to support its findings about treatment of persons associated with the Mobutu regime, asset recovery and the applicant's limited political profile. Section 476(1)(g) did not apply to findings of non-existence of facts, and in any event the applicant did not prove contrary facts through admissible judicial evidence or sufficiently persuasive material. The Tribunal also complied with s 430 by referring to the material on which it relied and was not required to set out every item of material or explain why it...

Jurisdiction
Australia
Judgment Date
26 July 2000
Procedural Posture
Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Final Judgment in the Federal Court of Australia
Outcome
The applicant's application for review was dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review Under S 476 of the Migration Act 1958 (cth)' 'no Material to Justify Decision' 'tribunal Reasons Under S 430 of the Migration Act 1958 (cth)' 'well Founded Fear of Persecution' 'particular Social Group' 'political Opinion']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review Under S 476 of the Migration Act 1958 (cth)' 'no Material to Justify Decision' 'tribunal Reasons Under S 430 of the Migration Act 1958 (cth)' 'well Founded Fear of Persecution' 'particular Social Group' 'political Opinion']

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Procedural Posture

Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Final Judgment in the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Tribunal made its decision when there was no material to justify it within s 476(1)(g) of the Migration Act 1958 (Cth).' 'Whether s 476(1)(g), read with s 476(4), applies to Tribunal findings of the non-existence of facts.' 'Whether material relied on to prove that a Tribunal fact finding was wrong must be admissible according to the rules of judicial evidence.' 'Whether the Tribunal complied with s 430(1)(d) by referring to the material on which its findings of fact were based.' 'Whether s 430(1)(b) required the Tribunal to explain why it did not prefer particular material before it.' 'Whether the Tribunal made an error of law in finding that the applicant did not have a well-founded fear of persecution in the DRC for reasons of political opinion or membership of a particular social group.']

Ratio Decidendi

The application failed because the applicant did not establish any reviewable error under s 476. The Tribunal had material, including the United Kingdom Home Office country assessment, to support its findings about treatment of persons associated with the Mobutu regime, asset recovery and the applicant's limited political profile. Section 476(1)(g) did not apply to findings of non-existence of facts, and in any event the applicant did not prove contrary facts through admissible judicial evidence or sufficiently persuasive material. The Tribunal also complied with s 430 by referring to the material on which it relied and was not required to set out every item of material or explain why it...

Court Disposition

The applicant's application for review was dismissed.

Orders

  • ["The applicant's application for review be dismissed." "The applicant pay the costs of the proceeding, apart from the costs thrown away by reason of the late filing and serving of the written submissions prepared on the applicant's behalf by the New South Wales Legal Aid Commission." "Any application by the...