Nwaforjeffu v Minister for Immigration & Multicultural Affairs [2001] FCA 1687

Nwaforjeffu v Minister for Immigration & Multicultural Affairs [2001] FCA 1687

Leave to rely on the proposed amended grounds was not warranted because no matter of legal substance could be discerned. The Tribunal was entitled to assess future risk by reference to past events, the material did not distinctly raise a claim that the appellant faced persecution as an Igbo youth and the Tribunal's findings would in any event negate such a claim. The asserted no evidence ground was not made out because neither the appellant's submissions nor the Court's examination suggested an absence of evidence or material of the kind required. The appeal was therefore dismissed with costs.

Jurisdiction
Australia
Judgment Date
30 November 2001
Procedural Posture
Appeal From a Single Judge of the Federal Court of Australia Dismissing an Application for Judicial Review of an Adverse Refugee Review Tribunal Decision / Appeal
Outcome
appeal dismissed with costs
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'well Founded Fear of Persecution' 'convention Reason' 'no Evidence Ground' 'leave to Amend Notice of Appeal']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'well Founded Fear of Persecution' 'convention Reason' 'no Evidence Ground' 'leave to Amend Notice of Appeal']

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Procedural Posture

Appeal From a Single Judge of the Federal Court of Australia Dismissing an Application for Judicial Review of an Adverse Refugee Review Tribunal Decision / Appeal

Legal Issues

  1. 1 ['Whether leave should be granted to reformulate the grounds of appeal to raise grounds not argued before the primary judge.' 'Whether the Tribunal made an error of law in applying the law concerning well-founded fear of persecution and Convention reasons.' "Whether there was no evidence or other material to justify the Tribunal's decision under ss 476(1)(g) and 476(4)(b) of the Migration Act 1958." 'Whether the Tribunal failed to consider a claim that the appellant feared persecution as a member of a social group described as Igbo youth.']

Ratio Decidendi

Leave to rely on the proposed amended grounds was not warranted because no matter of legal substance could be discerned. The Tribunal was entitled to assess future risk by reference to past events, the material did not distinctly raise a claim that the appellant faced persecution as an Igbo youth and the Tribunal's findings would in any event negate such a claim. The asserted no evidence ground was not made out because neither the appellant's submissions nor the Court's examination suggested an absence of evidence or material of the kind required. The appeal was therefore dismissed with costs.

Court Disposition

appeal dismissed with costs

Orders

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