Das v Minister for Immigration & Multicultural Affairs [1999] FCA 1017
The application was dismissed because neither the applicant's submissions nor the Court's own consideration disclosed any error in the Tribunal's decision falling within s476 of the Migration Act 1958; the applicant's disagreement with factual findings did not identify an error of law.
- Jurisdiction
- Australia
- Judgment Date
- 15 July 1999
- Procedural Posture
- Application for Review of a Tribunal Decision Affirming Refusal of a Protection Visa / Extempore Reasons for Judgment
- Outcome
- Application dismissed with costs.
- Legal Topics
- ['protection Visa' 'judicial Review' 'section 476 Error' 'persecution on Political Opinion Grounds']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Review of a Tribunal Decision Affirming Refusal of a Protection Visa / Extempore Reasons for Judgment
Legal Issues
- 1 ['Whether the Tribunal decision disclosed an error falling within s476 of the Migration Act 1958 that would entitle the Court to interfere.' "Whether the applicant's disagreement with the Tribunal's factual findings identified any error of law."]
Ratio Decidendi
The application was dismissed because neither the applicant's submissions nor the Court's own consideration disclosed any error in the Tribunal's decision falling within s476 of the Migration Act 1958; the applicant's disagreement with factual findings did not identify an error of law.
Court Disposition
Application dismissed with costs.
Orders
- ['The application is dismissed.' 'The applicant must pay the costs of the application.']
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