SBBH v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 986

SBBH v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 986

The Tribunal's refusal to obtain and listen to the initial interview tape may have been an error of judgment, but its reasons and conduct did not show that it failed to endeavour in good faith to perform its review function. The alleged failure was not a failure to consider a legally relevant consideration but, at most, a failure to pursue a particular piece of evidence bearing on what was said at the interview. That did not amount to jurisdictional error within Craig and Yusuf. The applicant therefore established no ground for relief under s 39B of the Judiciary Act 1903 (Cth), and the application was dismissed.

Jurisdiction
Australia
Judgment Date
21 August 2002
Procedural Posture
Application Under S 39 B of the Judiciary Act 1903 (cth) for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Final Hearing; Application Dismissed
Outcome
Application dismissed
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'privative Clause' 'hickman Good Faith' 'jurisdictional Error' 'failure to Inquire' 'credibility Findings']
['administrative Law' 'migration Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'privative Clause' 'hickman Good Faith' 'jurisdictional Error' 'failure to Inquire' 'credibility Findings']

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Procedural Posture

Application Under S 39 B of the Judiciary Act 1903 (cth) for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Final Hearing; Application Dismissed

Legal Issues

  1. 1 ["Whether the Tribunal failed to make a bona fide attempt to exercise its power because it declined to obtain and listen to the tape recording of the applicant's initial interview." 'Whether the Tribunal committed jurisdictional error by failing to investigate and listen to the tape recording of the initial interview.' "Whether any relief under s 39B of the Judiciary Act 1903 (Cth) should be refused in the Court's discretion because the applicant had escaped from WIRPC and his whereabouts were unknown."]

Ratio Decidendi

The Tribunal's refusal to obtain and listen to the initial interview tape may have been an error of judgment, but its reasons and conduct did not show that it failed to endeavour in good faith to perform its review function. The alleged failure was not a failure to consider a legally relevant consideration but, at most, a failure to pursue a particular piece of evidence bearing on what was said at the interview. That did not amount to jurisdictional error within Craig and Yusuf. The applicant therefore established no ground for relief under s 39B of the Judiciary Act 1903 (Cth), and the application was dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']