Berhane, Yosife v Minister for Immigration & Multicultural Affairs [1998] FCA 188

Berhane, Yosife v Minister for Immigration & Multicultural Affairs [1998] FCA 188

On the material before the Court, no ground of review was established. The applicant identified no particular matter required by law to be established for which there was no evidence, and no particular non-existent fact on which the Tribunal based its decision. The Tribunal's adverse credibility findings and conclusions about the applicant's claimed fear of persecution were factual findings open on the material before it and did not disclose error of law. The interpreter and country information complaints did not show that the Tribunal failed to act according to substantial justice or failed to observe procedures required by the Migration Act.

Jurisdiction
Australia
Judgment Date
05 March 1998
Procedural Posture
Application for an Order of Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Ex Tempore Reasons Expressing Provisional Views; Proceedings Stood Over Part Heard With Directions
Outcome
Proceedings stood over part heard; the Court expressed a provisional view that the application should be dismissed with costs but did not finally dispose of the matter.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'well Founded Fear of Persecution' 'procedural Fairness' 'natural Justice' 'interpreter in Tribunal Proceedings' 'no Evidence Ground' 'error of Law' 'substantial Justice Under Migration Act S 420']
['migration Law' 'administrative Law' 'refugee Law' 'judicial Review'] ['protection Visa' 'refugee Review Tribunal' 'well Founded Fear of Persecution' 'procedural Fairness' 'natural Justice' 'interpreter in Tribunal Proceedings' 'no Evidence Ground' 'error of Law' 'substantial Justice Under Migration Act S 420']

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Procedural Posture

Application for an Order of Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Ex Tempore Reasons Expressing Provisional Views; Proceedings Stood Over Part Heard With Directions

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal decision involved an error of law under Migration Act 1958 (Cth) s 476(1)(e).' 'Whether there was no evidence or other material to justify the Tribunal decision under Migration Act 1958 (Cth) s 476(1)(g), read with s 476(4).' 'Whether complaints about natural justice, interpretation and use of country information could establish failure to observe procedures required by the Act under s 476(1)(a), including by reference to s 420.' 'Whether the Tribunal acted according to substantial justice and the merits of the case when assessing credibility and country information.']

Ratio Decidendi

On the material before the Court, no ground of review was established. The applicant identified no particular matter required by law to be established for which there was no evidence, and no particular non-existent fact on which the Tribunal based its decision. The Tribunal's adverse credibility findings and conclusions about the applicant's claimed fear of persecution were factual findings open on the material before it and did not disclose error of law. The interpreter and country information complaints did not show that the Tribunal failed to act according to substantial justice or failed to observe procedures required by the Migration Act.

Court Disposition

Proceedings stood over part heard; the Court expressed a provisional view that the application should be dismissed with costs but did not finally dispose of the matter.

Orders

  • ['The application for an adjournment was refused.' 'The proceedings were stood over part heard before Emmett J at 10.15 am on Monday, 23 March 1998.' "The applicant was directed to file and serve no later than 18 March 1998 any further submissions in answer to the Minister's written submissions of 4 March 1998 or in...