SBAW v Minister For Immigration & Multicultural & Indigenous Affairs [2002] FCA 515

SBAW v Minister For Immigration & Multicultural & Indigenous Affairs [2002] FCA 515

The Tribunal was justified in concluding the applicant did not have a well-founded fear of persecution for a Convention reason and was entitled to reject evidence it found not credible. There was no jurisdictional error and no fault found in the Tribunal's reasoning process.

Source-derived case information.

Parties
Applicant: SBAW; Respondent: Minister For Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
29 April 2002
Procedural Posture
Appeal / Final Judgment
Outcome
application dismissed with costs
Legal Topics
Protection Visa, Refugee Status, Jurisdictional Error, Credibility of Applicant
Migration Law Administrative Law Protection Visa Refugee Status Jurisdictional Error Credibility of Applicant

Source-derived case record

Summary, issues, holding and outcome

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Parties

SBAW

Applicant

Minister For Immigration and Multicultural and Indigenous Affairs

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in dismissing the applicant's claims of well-founded fear of persecution based on rejection of Islam and adoption of Christianity
  2. 2 Whether the Tribunal failed to consider the applicant's stated beliefs about Islam
  3. 3 Whether the Tribunal failed to decide the case as put by the applicant

Ratio Decidendi

The Tribunal was justified in concluding the applicant did not have a well-founded fear of persecution for a Convention reason and was entitled to reject evidence it found not credible. There was no jurisdictional error and no fault found in the Tribunal's reasoning process.

Court Disposition

application dismissed with costs

Orders

  • The application be dismissed.
  • The applicant pay the respondent's costs, such costs to be taxed in default of agreement.