Mendis v Minister for Immigration & Multicultural Affairs [2001] FCA 1660
The Tribunal found as a fact that the harm suffered and feared by the appellant was not of sufficient severity or gravity to amount to persecution, and there was no demonstrated jurisdictional or legal error in that finding or in the single judge's treatment of it; the appeal therefore had to be dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 07 November 2001
- Procedural Posture
- Migration Application for Protection Visa / Appeal From a Single Judge of the Federal Court of Australia
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- ['protection Visa' 'refugee Convention Persecution' 'particular Social Group' 'judicial Review of Tribunal Decision']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Migration Application for Protection Visa / Appeal From a Single Judge of the Federal Court of Australia
Legal Issues
- 1 ["Whether the single judge erred in finding no error in the Tribunal's decision to uphold refusal of a protection visa." 'Whether the harassment feared by the appellant in Sri Lanka amounted to persecution within the meaning of the Convention as required by s 36 and s 65 of the Migration Act 1958 (Cth).']
Ratio Decidendi
The Tribunal found as a fact that the harm suffered and feared by the appellant was not of sufficient severity or gravity to amount to persecution, and there was no demonstrated jurisdictional or legal error in that finding or in the single judge's treatment of it; the appeal therefore had to be dismissed.
Court Disposition
Appeal dismissed with costs.
Orders
- ['The appeal be dismissed with costs.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment