Woldie, Solomon v The Minister for Immigration & Multicultural Affairs [1997] FCA 1292

Woldie, Solomon v The Minister for Immigration & Multicultural Affairs [1997] FCA 1292

The Tribunal did not err in law. It addressed the relevant issues concerning internal relocation by considering the applicant's previous residence in Addis Ababa, the absence of trouble there, and the lack of any issue of accessibility, so that relocation to Addis Ababa was a reasonable option. The Tribunal's reasons, read fairly, also showed that it assessed the applicant's well-founded fear of persecution at the time of its decision, despite not stating that proposition formulaically.

Jurisdiction
Australia
Judgment Date
26 November 1997
Procedural Posture
Application for Review of a Refugee Review Tribunal Decision Refusing Refugee Status and a Protection Visa / Federal Court Judicial Review
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'well Founded Fear of Persecution' 'internal Relocation' 'reasonableness of Relocation' 'time of Assessment of Refugee Status' 'refugee Review Tribunal Review']
['migration Law' 'refugee Law' 'administrative Law'] ['protection Visa' 'well Founded Fear of Persecution' 'internal Relocation' 'reasonableness of Relocation' 'time of Assessment of Refugee Status' 'refugee Review Tribunal Review']

Case Brief

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Procedural Posture

Application for Review of a Refugee Review Tribunal Decision Refusing Refugee Status and a Protection Visa / Federal Court Judicial Review

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal erred in law by concluding that the applicant was not a refugee and did not have a well-founded fear of persecution.' 'Whether the Tribunal was required to consider whether relocation within Ethiopia, particularly to Addis Ababa, was reasonable.' 'Whether the Tribunal erred by not explicitly stating that it assessed well-founded fear of persecution at the time of its determination.']

Ratio Decidendi

The Tribunal did not err in law. It addressed the relevant issues concerning internal relocation by considering the applicant's previous residence in Addis Ababa, the absence of trouble there, and the lack of any issue of accessibility, so that relocation to Addis Ababa was a reasonable option. The Tribunal's reasons, read fairly, also showed that it assessed the applicant's well-founded fear of persecution at the time of its decision, despite not stating that proposition formulaically.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The Applicant is to pay the Respondent's costs of the application."]