Promise Dike v Minister for Immigration & Multicultural Affairs [2001] FCA 1029

Promise Dike v Minister for Immigration & Multicultural Affairs [2001] FCA 1029

The applicant did not establish that the Tribunal failed to take into account any material it was bound to consider, failed to conduct the review required by the Migration Act 1958, breached ss 54, 57, 414 or 415, erred in law on relocation, or made a no-evidence error. The Tribunal had addressed the applicant's evidence, submissions, medical material, country information and the testimony of Mr Nick Dike, and its adverse credibility findings and assessment of the protection claim were matters for it. No reviewable error was shown, so the application was dismissed.

Jurisdiction
Australia
Judgment Date
01 August 2001
Procedural Posture
Migration; Application Under S 476(1) of the Migration Act 1958 for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Judicial Review; Application Dismissed
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'well Founded Fear of Persecution' 'nigerian Citizen of Ogoni Ethnicity' 'jurisdictional Error' 'failure to Consider Relevant Material' 'refugee Review Tribunal Review Powers' 'credibility Findings' 'internal Relocation' 'no Evidence Ground']
['migration Law' 'refugee Law' 'administrative Law' 'judicial Review'] ['protection Visa' 'well Founded Fear of Persecution' 'nigerian Citizen of Ogoni Ethnicity' 'jurisdictional Error' 'failure to Consider Relevant Material' 'refugee Review Tribunal Review Powers' 'credibility Findings' 'internal Relocation' 'no Evidence Ground']

Case Brief

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Procedural Posture

Migration; Application Under S 476(1) of the Migration Act 1958 for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Judicial Review; Application Dismissed

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal committed jurisdictional error by failing to take into account relevant material relied on by the applicant.' "Whether the Tribunal failed to review the delegate's decision as required by s 414(1) of the Migration Act 1958." 'Whether the Tribunal failed to comply with s 415(1), including by not exercising powers or discretions said to arise under ss 54 and 57 of the Migration Act 1958.' 'Whether the Tribunal erred in law in its treatment of internal relocation within Nigeria.' "Whether there was no evidence or other material to justify the Tribunal's decision, including its adverse credibility findings." "Whether the Tribunal made reviewable error in rejecting the applicant's account of detention, escape from Nigeria, travel to Australia, Ogoni identity and political activity."]

Ratio Decidendi

The applicant did not establish that the Tribunal failed to take into account any material it was bound to consider, failed to conduct the review required by the Migration Act 1958, breached ss 54, 57, 414 or 415, erred in law on relocation, or made a no-evidence error. The Tribunal had addressed the applicant's evidence, submissions, medical material, country information and the testimony of Mr Nick Dike, and its adverse credibility findings and assessment of the protection claim were matters for it. No reviewable error was shown, so the application was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of the application."]