Abarghan v Minister for Immigration & Multicultural Affairs [2001] FCA 1246

Abarghan v Minister for Immigration & Multicultural Affairs [2001] FCA 1246

The applicant advanced no basis establishing the pleaded grounds. The Court was unable to perceive any error of law in the Tribunal's reasons, and there was material before the Tribunal capable of justifying its conclusions. No other ground under s 476(1) was shown to apply, so the application for review failed.

Jurisdiction
Australia
Judgment Date
31 July 2001
Procedural Posture
Application for an Order of Review of a Refugee Review Tribunal Decision / Federal Court Judicial Review of Tribunal Decision Affirming Refusal of Protection (class Xa) Visas
Outcome
Application dismissed.
Legal Topics
['protection (class Xa) Visas' 'refugee Review Tribunal Review' 'judicial Review Under Migration Act 1958 (cth) S 476' 'error of Law' 'no Evidence or Other Material to Justify Decision' 'well Founded Fear of Persecution' 'political Opinion and Mujahideen E Khalq']
['migration Law' 'administrative Law' 'refugee Law'] ['protection (class Xa) Visas' 'refugee Review Tribunal Review' 'judicial Review Under Migration Act 1958 (cth) S 476' 'error of Law' 'no Evidence or Other Material to Justify Decision' 'well Founded Fear of Persecution' 'political Opinion and Mujahideen E Khalq']

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Procedural Posture

Application for an Order of Review of a Refugee Review Tribunal Decision / Federal Court Judicial Review of Tribunal Decision Affirming Refusal of Protection (class Xa) Visas

Legal Issues

  1. 1 ['Whether the Tribunal decision involved an error of law within Migration Act 1958 (Cth) s 476(1)(e).' 'Whether there was no evidence or other material to justify the making of the Tribunal decision within Migration Act 1958 (Cth) s 476(1)(g).' 'Whether any other ground in Migration Act 1958 (Cth) s 476(1) was applicable.']

Ratio Decidendi

The applicant advanced no basis establishing the pleaded grounds. The Court was unable to perceive any error of law in the Tribunal's reasons, and there was material before the Tribunal capable of justifying its conclusions. No other ground under s 476(1) was shown to apply, so the application for review failed.

Court Disposition

Application dismissed.

Orders

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