Akpata, Stephen Ogho & Ors v Minister for Immigration & Multicultural Affairs [1998] FCA 1473

Akpata, Stephen Ogho & Ors v Minister for Immigration & Multicultural Affairs [1998] FCA 1473

The adverse newspaper reports and the Adelaide College of Ministries letter were not put to Mr Akpata, but were used by the Tribunal in assessing credibility. Because credibility was cumulative and central to the rejection of both Mr and Ms Akpata's claims, and because it was speculative what response might have been given, it was possible that the outcome might not have been the same had the applicants been afforded an opportunity to respond. Remittal was therefore not futile, and the Tribunal's decision was set aside and remitted for rehearing.

Jurisdiction
Australia
Judgment Date
20 November 1998
Procedural Posture
Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / Federal Court Judicial Review After Refugee Review Tribunal Decision
Outcome
Application allowed; Refugee Review Tribunal decision set aside; matter remitted for rehearing.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'adverse Material Not Put to Applicant' 'futility of Relief' 'remittal for Rehearing']
['immigration' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'adverse Material Not Put to Applicant' 'futility of Relief' 'remittal for Rehearing']

Case Brief

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Procedural Posture

Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / Federal Court Judicial Review After Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal failed to comply with procedures required by the Migration Act 1958 (Cth) by relying on adverse material not put to the applicants for comment.' "Whether the Tribunal's use of newspaper reports and a letter from the Adelaide College of Ministries affected its credibility findings." 'Whether relief should be refused on the basis that remittal to the Tribunal would be futile.']

Ratio Decidendi

The adverse newspaper reports and the Adelaide College of Ministries letter were not put to Mr Akpata, but were used by the Tribunal in assessing credibility. Because credibility was cumulative and central to the rejection of both Mr and Ms Akpata's claims, and because it was speculative what response might have been given, it was possible that the outcome might not have been the same had the applicants been afforded an opportunity to respond. Remittal was therefore not futile, and the Tribunal's decision was set aside and remitted for rehearing.

Court Disposition

Application allowed; Refugee Review Tribunal decision set aside; matter remitted for rehearing.

Orders

  • ['Application allowed.' 'Decision of Refugee Review Tribunal given on 3 April 1998 set aside.' 'Application to Refugee Review Tribunal remitted to Refugee Review Tribunal for rehearing.']