FEDERAL COURT OF AUSTRALIA
NAEB v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCA 719MIGRATION – procedural fairness - whether the Refugee Review Tribunal’s findings were open to it – whether Refugee Review Tribunal required to assist applicant to make out their case or claim - whether the Refugee Review Tribunal put fairly to the applicant matters adverse to him - whether the approach or conclusion of the Refugee Review Tribunal was arbitrary, irrational or unreasonable.
Evidence Act 1995 (Cth)
Kioa v West (1985) 159 CLR 550 referred to
Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 referred to
VAAC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 74 referred to
Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied
Muin v Refugee Review Tribunal (2002) 76 ALJR 966 referred to
SBBA v Minister for Immigration & Multicultural and Indigenous Affairs [2003] FCAFC 90 referred to
Minister for Immigration & Multicultural Affairs v Islam [2001] FCA 1681 referred to
Parra v Minister for Immigration & Multicultural Affairs [2000] FCA 85 referred to
Attorney-General for the State of New South Wales v Quin (1990) 170 CLR 1 referred to
Minister for Immigration and Multicultural Affairs vYusuf (2001) 206 CLR 323 referred to
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to
Minister for Immigration and Multicultural Affairs v Rajamanikkam (2002) 76 ALJR 1048 referred toNAEB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 1198 of 2002JACOBSON J
11 JULY 2003
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 1198 of 2002
BETWEEN:
NAEB
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
JACOBSON J
DATE OF ORDER:
11 JULY 2003
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application be dismissed.
2.Costs reserved.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 1198 of 2002
BETWEEN:
NAEB
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
JACOBSON J
DATE:
11 JULY 2003
PLACE:
SYDNEY
REASONS FOR JUDGMENT
Introduction:
This is an application for judicial review of a decision of the Refugee Review Tribunal (“the RRT”) handed down on 17 October 2002 affirming a decision of a delegate of the Minister. The delegate refused to grant the applicants protection visas on 13 September 2001.
Although the decision of the RRT dealt with an application by a husband and wife, only the husband (“the applicant”) has applied to this Court for review of that decision.
The applicant is a citizen of the Peoples Republic of China. The applicant claimed to be a practitioner of Falun Gong and, for that reason, to have a well-founded fear of persecution on the ground of imputed political opinion or membership of a particular social group.
The RRT was prepared to accept that…
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- Case
- [2003] FCA 719
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the RRT's decision was lawful, reasonable, and based on relevant considerations. The court was required to examine whether the RRT had identified and addressed the relevant discrepancies in the applicant's evidence and whether it had properly assessed the applicant's credibility and the likelihood of his persecution if returned to China.
The court found that the RRT had properly identified and addressed the discrepancies in the applicant's evidence and had given appropriate weight to those discrepancies in assessing his credibility. The court held that the RRT was entitled to find that the applicant was not a reliable witness and that his claims of past involvement in Falun Gong were not credible. The court also found that the RRT had properly assessed the likelihood of the applicant's persecution if returned to China, taking into account the independent evidence of human rights abuses against Falun Gong practitioners in China.
The court dismissed the applicant's appeal and upheld the RRT's decision to refuse his application for a protection visa. The court reserved costs.
Orders
Orders of the court
1. The application be dismissed.
2. Costs reserved.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: JACOBSON J
Full text does not contain this section.