Selliah v Minister for Immigration & Multicultural Affairs [1999] FCA 615

Selliah v Minister for Immigration & Multicultural Affairs [1999] FCA 615

The appeal was dismissed because no reviewable error was established. The complaints about credibility and reliance on the airport interview amounted to challenges to the Tribunal's assessment of evidence and weight. The tandem hearing and use of common country evidence did not cause a relevant failure to act according to substantial justice or the merits, and there was no relevant breach of section 429. The Tribunal directed itself by reference to the correct well founded fear test, made findings that there was no real chance of persecution in Colombo or Jaffna, and was not required to make a separate express finding on subjective fear where it found any fear was not well founded. The...

Jurisdiction
Australia
Judgment Date
12 May 1999
Procedural Posture
Migration Appeal Concerning Refusal of a Protection Visa / Appeal to the Full Court of the Federal Court of Australia From a Single Judge Dismissing an Application for Review of a Refugee Review Tribunal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'well Founded Fear of Persecution' 'credibility Findings' 'private Hearing' 'substantial Justice and Merits' 'sri Lankan Tamil Asylum Claim']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'well Founded Fear of Persecution' 'credibility Findings' 'private Hearing' 'substantial Justice and Merits' 'sri Lankan Tamil Asylum Claim']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Appeal Concerning Refusal of a Protection Visa / Appeal to the Full Court of the Federal Court of Australia From a Single Judge Dismissing an Application for Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ["Whether the Tribunal erred by relying on inconsistency between statements made at Melbourne airport and later accounts in assessing the appellant's credibility." "Whether the Tribunal's tandem hearing procedure with another applicant caused a failure to act according to substantial justice and the merits of the case." 'Whether the Tribunal failed to comply with section 429 of the Migration Act 1958 (Cth) by not ensuring that the hearing was held in private.' 'Whether the Tribunal wrongly interpreted or applied the well founded fear test.' "Whether the Tribunal was required to make an express finding as to the appellant's subjective fear."]

Ratio Decidendi

The appeal was dismissed because no reviewable error was established. The complaints about credibility and reliance on the airport interview amounted to challenges to the Tribunal's assessment of evidence and weight. The tandem hearing and use of common country evidence did not cause a relevant failure to act according to substantial justice or the merits, and there was no relevant breach of section 429. The Tribunal directed itself by reference to the correct well founded fear test, made findings that there was no real chance of persecution in Colombo or Jaffna, and was not required to make a separate express finding on subjective fear where it found any fear was not well founded. The...

Court Disposition

Appeal dismissed with costs.

Orders

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