Harunor v Minister for Immigration and Multicultural Affairs [2001] FCA 853

Harunor v Minister for Immigration and Multicultural Affairs [2001] FCA 853

The application was dismissed because, on a fair reading of the Tribunal's reasons, the Tribunal did consider whether the applicant had any Convention-based fear of persecution in Dhaka and found any asserted fear not well-founded; the alleged non-existent facts did not establish the no-evidence ground and the Tribunal's conclusion that the claim was fabricated had abundant support; and the asserted error concerning inability or unwillingness to seek state protection was based on a misunderstanding because the relevant question was whether the applicant's unwillingness flowed from a well-founded fear of persecution, which the Tribunal did not find.

Jurisdiction
Australia
Judgment Date
27 June 2001
Procedural Posture
Application for Review Under Pt 8 of the Migration Act 1958 (cth) of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Judgment
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'well Founded Fear of Persecution' 'relocation Within Country of Nationality' 'no Evidence Ground' 'error of Law']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal Review' 'well Founded Fear of Persecution' 'relocation Within Country of Nationality' 'no Evidence Ground' 'error of Law']

Case Brief

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Procedural Posture

Application for Review Under Pt 8 of the Migration Act 1958 (cth) of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Judgment

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal failed to ask whether the applicant had a well-founded fear of persecution if relocated to Dhaka.' "Whether the Tribunal's decision was based on particular facts that did not exist within s 476(1)(g) and s 476(4)(b) of the Migration Act 1958 (Cth)." 'Whether the Tribunal erred by finding that Bangladesh was willing and able to provide protection without considering whether the applicant was unable or unwilling to avail himself of that protection under article 1A(2) of the Convention Relating to Status of Refugees.']

Ratio Decidendi

The application was dismissed because, on a fair reading of the Tribunal's reasons, the Tribunal did consider whether the applicant had any Convention-based fear of persecution in Dhaka and found any asserted fear not well-founded; the alleged non-existent facts did not establish the no-evidence ground and the Tribunal's conclusion that the claim was fabricated had abundant support; and the asserted error concerning inability or unwillingness to seek state protection was based on a misunderstanding because the relevant question was whether the applicant's unwillingness flowed from a well-founded fear of persecution, which the Tribunal did not find.

Court Disposition

Application dismissed with costs.

Orders

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