VWOM v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1248

VWOM v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1248

The proposed new procedural fairness and s 427(1) grounds were unarguable: the Tribunal had considered the country information and the documents taken to Saudi Arabia, considered the appellant's claimed fear of persecution, made credibility findings open to it, and was not obliged to investigate or make out the appellant's case. No appealable error in the judgment below was identified, and the appellant's remaining submissions went only to the merits of the Tribunal's decision, which could not found appellate intervention.

Jurisdiction
Australia
Judgment Date
07 September 2005
Procedural Posture
Migration Protection Visa Judicial Review Appeal / Appeal From a Judgment of the Federal Magistrates Court of Australia Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision
Outcome
Appeal dismissed with costs; Refugee Review Tribunal added as a respondent.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'leave to Raise New Grounds on Appeal' 'adverse Credibility Findings' 'section 427(1) of the Migration Act 1958 (cth)' 'internal Relocation']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'leave to Raise New Grounds on Appeal' 'adverse Credibility Findings' 'section 427(1) of the Migration Act 1958 (cth)' 'internal Relocation']

Case Brief

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Procedural Posture

Migration Protection Visa Judicial Review Appeal / Appeal From a Judgment of the Federal Magistrates Court of Australia Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the appellant should have leave to raise a new procedural fairness ground not raised before the primary judge.' 'Whether the Refugee Review Tribunal failed to consider country information or evidence relating to documents taken to Saudi Arabia.' "Whether the Refugee Review Tribunal failed to consider claimed assistance to Nawaz Sharif, the appellant's claimed fear of persecution by Shi'a Muslims, or unreasonably considered internal relocation within Pakistan." 'Whether the Refugee Review Tribunal failed to comply with s 427(1) of the Migration Act 1958 (Cth) by failing to make necessary investigations.' 'Whether the Federal Magistrates Court judgment disclosed appealable error.']

Ratio Decidendi

The proposed new procedural fairness and s 427(1) grounds were unarguable: the Tribunal had considered the country information and the documents taken to Saudi Arabia, considered the appellant's claimed fear of persecution, made credibility findings open to it, and was not obliged to investigate or make out the appellant's case. No appealable error in the judgment below was identified, and the appellant's remaining submissions went only to the merits of the Tribunal's decision, which could not found appellate intervention.

Court Disposition

Appeal dismissed with costs; Refugee Review Tribunal added as a respondent.

Orders

  • ['The Refugee Review Tribunal is added as a respondent to the appeal.' 'The appeal is dismissed.' "The appellant pay the first respondent's costs of the appeal."]