Rijal v Minister for Immigration & Multicultural Affairs [1999] FCA 1512

Rijal v Minister for Immigration & Multicultural Affairs [1999] FCA 1512

The applicants provided no substantive grounds for review, could identify no matter in the Tribunal's decision or procedure causing legal concern, and the material did not establish any ground of review under s 476(1) of the Migration Act 1958 (Cth). The adjournment applications were refused because further attempts to obtain legal assistance would serve no useful purpose. Accordingly, the Tribunal decisions were affirmed.

Jurisdiction
Australia
Judgment Date
18 October 1999
Procedural Posture
Application for Review of a Decision of the Refugee Review Tribunal Affirming Refusal of Protection Visas / Federal Court Ex Tempore Reasons for Judgment and Final Orders
Outcome
Applications dismissed; decisions of the Refugee Review Tribunal affirmed in each matter.
Legal Topics
['protection Visas' 'refugee Review Tribunal Review' 'convention Based Persecution' 'judicial Review Grounds' 'adjournment Application' 'costs']
['migration Law' 'refugee Law' 'administrative Law'] ['protection Visas' 'refugee Review Tribunal Review' 'convention Based Persecution' 'judicial Review Grounds' 'adjournment Application' 'costs']

Case Brief

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Procedural Posture

Application for Review of a Decision of the Refugee Review Tribunal Affirming Refusal of Protection Visas / Federal Court Ex Tempore Reasons for Judgment and Final Orders

Legal Issues

  1. 1 ['Whether the applicants identified or established any ground of review under s 476(1) of the Migration Act 1958 (Cth).' 'Whether the proceedings should be adjourned to allow the applicants to make further attempts to obtain legal assistance.' "Whether the Court's jurisdiction to review the Tribunal decision had been properly invoked under s 478 of the Migration Act 1958 (Cth)."]

Ratio Decidendi

The applicants provided no substantive grounds for review, could identify no matter in the Tribunal's decision or procedure causing legal concern, and the material did not establish any ground of review under s 476(1) of the Migration Act 1958 (Cth). The adjournment applications were refused because further attempts to obtain legal assistance would serve no useful purpose. Accordingly, the Tribunal decisions were affirmed.

Court Disposition

Applications dismissed; decisions of the Refugee Review Tribunal affirmed in each matter.

Orders

  • ['The decision of the Refugee Review Tribunal be affirmed.' 'The applicant pay the costs of the respondent.']