SCAM v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 964
The applicant did not have an objectively well-founded fear of persecution at the time of the Tribunal's decision because country conditions had fundamentally changed; thus, the Tribunal did not err in finding the applicant was not entitled to protection, and a persisting subjective fear alone is insufficient.
- Jurisdiction
- Australia
- Judgment Date
- 06 August 2002
- Procedural Posture
- Application for Judicial Review (migration) / Judgment After Hearing
- Outcome
- application dismissed
- Legal Topics
- ['refugee Status' 'judicial Review' 'refugees Convention Interpretation' 'country Conditions' 'jurisdictional Error']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Judicial Review (migration) / Judgment After Hearing
Legal Issues
- 1 ['Whether the Refugee Review Tribunal erred by failing to consider if the applicant is unable or, owing to fear, is unwilling to avail himself of the protection of Afghanistan' 'Whether a continuing subjective fear suffices for protection visa where circumstances have changed']
Ratio Decidendi
The applicant did not have an objectively well-founded fear of persecution at the time of the Tribunal's decision because country conditions had fundamentally changed; thus, the Tribunal did not err in finding the applicant was not entitled to protection, and a persisting subjective fear alone is insufficient.
Court Disposition
application dismissed
Orders
- ['Application dismissed.' "Applicant to pay the respondent's costs."]
Full Case Text
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