VJAD v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 468

VJAD v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 468

The Tribunal did not fail to consider the applicant's attendance at demonstrations in Australia, the country information concerning repetitive demonstrators, or her evidence that she was in hiding from 1991. Read as a whole, the Tribunal's reasons showed that it considered those matters and was entitled to find that the applicant's activities in Australia did not give her a profile warranting the attention of Burmese authorities, and that there was no real chance she would be persecuted for her past activities in Burma. No jurisdictional error was shown, and the Court could not review the merits of the Tribunal's factual findings.

Jurisdiction
Australia
Judgment Date
22 April 2004
Procedural Posture
Application Under S 39 B of the Judiciary Act 1903 (cth) and S 475 a of the Migration Act 1958 (cth) for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Judicial Review of Refugee Review Tribunal Decision
Outcome
Application dismissed; applicant ordered to pay the respondent's costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'relevant Considerations' 'well Founded Fear of Persecution' 'political Opinion' 'myanmar' 'repetitive Demonstrator']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'relevant Considerations' 'well Founded Fear of Persecution' 'political Opinion' 'myanmar' 'repetitive Demonstrator']

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

Application Under S 39 B of the Judiciary Act 1903 (cth) and S 475 a of the Migration Act 1958 (cth) for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Judicial Review of Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal decision was affected by jurisdictional error.' 'Whether the Tribunal failed to take into account relevant considerations, namely that the applicant was in hiding between 1991 and 1998 and that she was a repetitive demonstrator in Australia.' 'Whether the Tribunal was entitled to find that the applicant did not have a well-founded fear of persecution if returned to Burma.']

Ratio Decidendi

The Tribunal did not fail to consider the applicant's attendance at demonstrations in Australia, the country information concerning repetitive demonstrators, or her evidence that she was in hiding from 1991. Read as a whole, the Tribunal's reasons showed that it considered those matters and was entitled to find that the applicant's activities in Australia did not give her a profile warranting the attention of Burmese authorities, and that there was no real chance she would be persecuted for her past activities in Burma. No jurisdictional error was shown, and the Court could not review the merits of the Tribunal's factual findings.

Court Disposition

Application dismissed; applicant ordered to pay the respondent's costs.

Orders

  • ['The application made pursuant to s 39B of the Judiciary Act 1903 (Cth) and s 475A of the Migration Act 1958 (Cth) for review of a decision of the Refugee Review Tribunal made on 20 August 2002 be dismissed.' "The applicant pay the respondent's costs of the application."]