X v Minister for Immigration & Multicultural Affairs [1999] FCA 1469

X v Minister for Immigration & Multicultural Affairs [1999] FCA 1469

The application was dismissed because the applicant's submissions challenged factual findings made by the Tribunal, and he did not advance any review ground of the kind enumerated in s 476 of the Migration Act that would permit the Court to intervene.

Jurisdiction
Australia
Judgment Date
18 October 1999
Procedural Posture
Application for Judicial Review of a Refugee Review Tribunal Decision Concerning a Protection Visa / Ex Tempore Reasons for Judgment and Orders
Outcome
Application dismissed; non-publication order made; no order as to costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'migration Act S 476' 'well Founded Fear of Persecution' 'ethiopia' 'amhara' 'all Amhara People Organization']
['immigration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'migration Act S 476' 'well Founded Fear of Persecution' 'ethiopia' 'amhara' 'all Amhara People Organization']

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Procedural Posture

Application for Judicial Review of a Refugee Review Tribunal Decision Concerning a Protection Visa / Ex Tempore Reasons for Judgment and Orders

Legal Issues

  1. 1 ['Whether the applicant advanced a ground of review of the kind enumerated in s 476 of the Migration Act.' "Whether the Court could review the Tribunal's factual findings about the applicant's fear of persecution for political opinion or race."]

Ratio Decidendi

The application was dismissed because the applicant's submissions challenged factual findings made by the Tribunal, and he did not advance any review ground of the kind enumerated in s 476 of the Migration Act that would permit the Court to intervene.

Court Disposition

Application dismissed; non-publication order made; no order as to costs.

Orders

  • ['The application be dismissed.' "From henceforth the applicant's name not be published or communicated other than to those employed by the Minister for official purposes." 'No order as to costs.']