Chand, Ravind v Minister for Immigration & Ethnic Affairs [1997] FCA 138

Chand, Ravind v Minister for Immigration & Ethnic Affairs [1997] FCA 138

The Tribunal did not make a finding that the applicant would have no income or place to live if he relocated; it merely recited the applicant's assertion. Its reasons implicitly rejected that assertion by relying on his education, professional tiling skills and employment record to find relocation in another part of Fiji reasonable. Because the facts relied on by the applicant were not facts found by the Tribunal, no incorrect application of the law under s 476(1)(e) of the Migration Act 1958 (Cth) was shown.

Jurisdiction
Australia
Judgment Date
07 March 1997
Procedural Posture
Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Judgment on Application for Review
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'internal Relocation' 'well Founded Fear of Persecution' 'error of Law']
['migration Law' 'refugee Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'internal Relocation' 'well Founded Fear of Persecution' 'error of Law']

Case Brief

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Procedural Posture

Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Judgment on Application for Review

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal erred in law by incorrectly applying the law to the facts as found.' 'Whether the Tribunal failed to apply the law concerning reasonable internal relocation within Fiji.']

Ratio Decidendi

The Tribunal did not make a finding that the applicant would have no income or place to live if he relocated; it merely recited the applicant's assertion. Its reasons implicitly rejected that assertion by relying on his education, professional tiling skills and employment record to find relocation in another part of Fiji reasonable. Because the facts relied on by the applicant were not facts found by the Tribunal, no incorrect application of the law under s 476(1)(e) of the Migration Act 1958 (Cth) was shown.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed with costs.']