Careem, Thajudeen Abdul v Minister for Immigration & Multicultural Affairs [1998] FCA 1267

Careem, Thajudeen Abdul v Minister for Immigration & Multicultural Affairs [1998] FCA 1267

On the material then before the Court, the Tribunal had specifically addressed the Applicant's claimed fears of persecution in Colombo and by the LTTE, made credibility findings that were within its province, and there was no material showing that its findings were unsupported by evidence or inconsistent with the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 September 1998
Procedural Posture
Application for an Order of Review of a Decision of the Refugee Review Tribunal / Ex Tempore Reasons; Matter Stood Over for Further Written Submissions Before Final Orders
Outcome
Matter stood over; no final dismissal order made in these reasons.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'section 476 Review Grounds' 'procedural Fairness and Substantial Justice' 'error of Law' 'credibility Findings' 'well Founded Fear of Persecution' 'convention Reasons']
['migration Law' 'administrative Law' 'refugee Law' 'judicial Review'] ['protection Visa' 'refugee Review Tribunal' 'section 476 Review Grounds' 'procedural Fairness and Substantial Justice' 'error of Law' 'credibility Findings' 'well Founded Fear of Persecution' 'convention Reasons']

Source-derived case record

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Procedural Posture

Application for an Order of Review of a Decision of the Refugee Review Tribunal / Ex Tempore Reasons; Matter Stood Over for Further Written Submissions Before Final Orders

Legal Issues

  1. 1 ['Whether procedures required by the Migration Act 1958 (Cth) were not observed because the Tribunal failed to act according to substantial justice and the merits of the case or failed to make findings on material questions of fact.' "Whether the Tribunal failed to address the Applicant's claimed fear of persecution, including detention by authorities in Colombo and persecution by the LTTE." 'Whether the Tribunal misinterpreted or misapplied the definition of a refugee to the facts as found.' "Whether the Tribunal erred in its treatment of arbitrary arrest and imprisonment, the Applicant's status as a trader, and the cumulative and separate aspects of claimed fears of persecution."]

Ratio Decidendi

On the material then before the Court, the Tribunal had specifically addressed the Applicant's claimed fears of persecution in Colombo and by the LTTE, made credibility findings that were within its province, and there was no material showing that its findings were unsupported by evidence or inconsistent with the evidence. The Court was also not satisfied that the alleged errors concerning the refugee definition were made out. Emmett J therefore indicated that, absent further submissions, he would be disposed to dismiss the application with costs, but stood the matter over to allow written submissions.

Court Disposition

Matter stood over; no final dismissal order made in these reasons.

Orders

  • ['The hearing of the matter was stood over to 16 October 1998, on which day orders would be made as appropriate.' 'The Applicant was given leave to file and serve any written submissions in support of his application no later than 9 October 1998.' "The Minister was directed to file and serve any submissions in...