Fernando v Minister for Immigration and Multicultural Affairs

Sonali Fernando, a Sri Lankan woman, sought judicial review of a decision by the Refugee Review Tribunal affirming the Minister for Immigration and Multicultural Affairs’ decision not to grant her a protection visa. The Tribunal rejected her claims, believing none of her central assertions. Fernando argued that the Tribunal’s rejection of her evidence was irrational, affecting a jurisdictional fact and thus reviewable under the limited form of judicial review available in the Court. The central issue was whether the Tribunal’s decision not to credit certain aspects of her evidence was reviewable.

The court examined the nature of the judicial review, noting that while decisions on credibility and weight of evidence are generally not reviewable, jurisdictional facts are. The court considered whether the Tribunal’s findings on Fernando’s involvement with Tamils constituted a jurisdictional fact. The court concluded that the Tribunal’s findings on Fernando’s credibility and her claimed association with Tamils did not amount to a jurisdictional fact but were rather findings on the weight of evidence. Consequently, the court held that the Tribunal’s decision was not subject to judicial review. The court dismissed the application and ordered the applicant to pay the respondent’s costs.