FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Epeabaka [1999] FCA 1
MIGRATION – whether Tribunal’s findings of fact disclose an error of law - whether Tribunal’s reasoning is “illogical” – whether illogicality is a ground for review under the Migration Act 1958 – standard of proof to be applied by Tribunals in making findings of fact
Migration Act 1958 (Cth) s 476
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 357 considered
Chan v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 at 413 cited
Minister for Immigration & Ethnic Affairs v Guo (1997) 144 ALR 567 at 578 – 579 cited
Minister for Immigration & Ethnic Affairs v Teo (1995) 57 FCR 194 at 199 – 200 cited
Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 282 – 283, 293 - 294 cited
Pochi v Minister for Immigration & Ethnic Affairs (1979) 2 ALD 33 at 41 considered
Pochi v Minister for Immigration & Ethnic Affairs (1980) 4 ALD 139 at 155 - 156 considered
Powley v Crimes Compensation Tribunal (1996) 11 VAR 146 at 156 – 157 considered
Roads Corporation v Dacakis [1995] 2 VR 508 at 517 – 520 considered
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v FAUSTIN EPEABAKA
VG 19 OF 1998
JUDGES: BLACK CJ, VON DOUSSA & CARR JJ
DATE: 6 JANUARY 1999
PLACE: MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VG 19 OF 1998
BETWEEN:
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
APPELLANTAND:
FAUSTIN EPEABAKA
RESPONDENTJUDGES:
BLACK CJ, VON DOUSSA & CARR JJ
DATE OF ORDER:
6 JANUARY 1999
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
The appeal be allowed.
The orders made on 10 December 1997 be set aside.
In lieu of the orders made on 10 December 1997, the application for review of the decision of the Refugee Review Tribunal, made on 17 January 1997, be dismissed with costs.
The respondent pay the costs of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY
VG 19 OF 1998
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
APPELLANT
AND:
FAUSTIN EPEABAKA
RESPONDENT
JUDGES:
BLACK CJ, VON DOUSSA & CARR JJ
DATE:
6 JANUARY 1999
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
Introduction
This is an appeal from the decision of a Judge of this Court, on 10 December 1997, to set aside a decision of the Refugee Review Tribunal, made on 17 January 1997, that it was not satisfied that the respondent, Mr Faustin Epeabaka, was a refugee. The Tribunal had affirmed the appellant’s decision not to grant a protection visa to the respondent. The learned primary Judge remitted the matter to the Tribunal, to be constituted by a different member, for hearing and determination according to law. His Honour also ordered the appellant to pay the respondent’s…
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- Case
- [1999] FCA 1
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the Tribunal’s findings of fact disclosed an error of law, if the Tribunal’s reasoning was illogical, and whether illogicality constituted a ground for review under the Migration Act 1958. Additionally, the court had to consider the standard of proof required by Tribunals in making findings of fact. The Minister argued that the Tribunal had failed to properly consider the material before it and had applied an incorrect standard of proof, resulting in an illogical decision.
The court held that the Tribunal's findings did disclose an error of law, as they were not supported by the material before the Tribunal and did not meet the required standard of proof. The court found that the Tribunal had indeed reasoned illogically in making its findings, which was a ground for review under the Migration Act. Consequently, the appeal was allowed, the orders made by the Tribunal were set aside, and in lieu thereof, the application for review was dismissed with costs. The court also ordered that the respondent pay the costs of the appeal.
Orders
Orders of the court
1.
The appeal be allowed.
2.
The orders made on 10 December 1997 be set aside.
3.
In lieu of the orders made on 10 December 1997, the application for review of the decision of the Refugee Review Tribunal, made on 17 January 1997, be dismissed with costs.
4.
The respondent pay the costs of the appeal.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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