Perez, Rony Alberto Diaz v Minister for Immigration & Multicultural Affairs [1998] FCA 1753

Perez, Rony Alberto Diaz v Minister for Immigration & Multicultural Affairs [1998] FCA 1753

The Tribunal's conclusion that the Shining Path targeted the applicant as a source of funds rather than for his actual or imputed political opinion was open on the evidence and disclosed no error of law. Its alternative conclusion that the applicant could reasonably relocate in Peru, including with support from his mother, was sufficiently founded in the material. The Tribunal did not deny procedural fairness by relying on the applicant's own solicitor's letter, and the alleged errors concerning imputed political opinion and irrationality were not made out. The application was therefore dismissed.

Jurisdiction
Australia
Judgment Date
24 December 1998
Procedural Posture
Application for Review Under the Migration Act of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Judgment on Application
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'well Founded Fear of Persecution' 'political Opinion' 'convention Nexus' 'internal Relocation' 'procedural Fairness' 'error of Law' 'imputed Political Opinion']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'well Founded Fear of Persecution' 'political Opinion' 'convention Nexus' 'internal Relocation' 'procedural Fairness' 'error of Law' 'imputed Political Opinion']

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Procedural Posture

Application for Review Under the Migration Act of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Judgment on Application

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal erred in finding that the feared harm from the Shining Path was not for a Convention reason of political opinion.' 'Whether it was open to the Refugee Review Tribunal to find that the applicant could safely and reasonably relocate elsewhere in Peru with family emotional support.' "Whether the Refugee Review Tribunal denied procedural fairness by relying on information in the applicant's solicitor's letter without inviting further submissions." 'Whether the Refugee Review Tribunal failed to consider imputed political opinion.' "Whether the Refugee Review Tribunal's finding that there was no Convention link was irrational or involved a misconception of the evidence."]

Ratio Decidendi

The Tribunal's conclusion that the Shining Path targeted the applicant as a source of funds rather than for his actual or imputed political opinion was open on the evidence and disclosed no error of law. Its alternative conclusion that the applicant could reasonably relocate in Peru, including with support from his mother, was sufficiently founded in the material. The Tribunal did not deny procedural fairness by relying on the applicant's own solicitor's letter, and the alleged errors concerning imputed political opinion and irrationality were not made out. The application was therefore dismissed.

Court Disposition

Application dismissed with costs.

Orders

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