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Refugee Review Tribunal
Recently Added
Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
Singh v Commonwealth of Australia [2004] HCA 43 (9 September 2004)
Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

"Use the Migration Specialists that migration agents use"
Cases

Minister for Immigration and Multicultural Affairs v Rajamanikkam

Immigration - Protection visa - Decision of a delegate to the Minister for Immigration and Multicultural Affairs refusing the respondent's application for protection visa and refugee status - Delegate's decision affirmed by Refugee Review Tribunal - Respondent from Sri Lanka lodged application for refugee status and protection visa on basis of fear of persecution - Refugee Review Tribunal rejected the respondent's application concluding the primary claim was concocted - Consideration of the scope of "no evidence" ground of review in s 476(1)(g) and s 476(4) of the Migration Act 1958 (Cth) - Whether factors identified by Refugee Review Tribunal going to the credibility of the respondent were based on facts that did not exist - Whether "no evidence" ground made out - Whether particular facts on which the respondent relied did exist - Whether particular facts that did not exist were critical to the making of the Refugee Review Tribunal's decision - Relevance of similar provisions in Administrative Decisions (Judicial Review) Act 1977 (Cth).

Administrative law - Judicial review of administrative decisions - No evidence ground in Migration Act 1958 (Cth), ss 476(1)(g) and (4) - Adverse finding as to credibility of male applicant for refugee status and protection visa - Whether such finding invalidated in law because "based on" the existence of a particular fact, critical to the decision, found on review to be unsupported by evidence - Importance of distinction between judicial review and merits review of factual conclusions.

Minister for Immigration and Multicultural Affairs v Rajamanikkam [2002] HC

Minister for Immigration and Multicultural Affairs v Rajamanikkam

Immigration - Protection visa - Decision of a delegate to the Minister for Immigration and Multicultural Affairs refusing the respondent's application for protection visa and refugee status - Delegate's decision affirmed by Refugee Review Tribunal - Respondent from Sri Lanka lodged application for refugee status and protection visa on basis of fear of persecution - Refugee Review Tribunal rejected the respondent's application concluding the primary claim was concocted - Consideration of the scope of "no evidence" ground of review in s 476(1)(g) and s 476(4) of the Migration Act 1958 (Cth) - Whether factors identified by Refugee Review Tribunal going to the credibility of the respondent were based on facts that did not exist - Whether "no evidence" ground made out - Whether particular facts on which the respondent relied did exist - Whether particular facts that did not exist were critical to the making of the Refugee Review Tribunal's decision - Relevance of similar provisions in Administrative Decisions (Judicial Review) Act 1977 (Cth).

Administrative law - Judicial review of administrative decisions - No evidence ground in Migration Act 1958 (Cth), ss 476(1)(g) and (4) - Adverse finding as to credibility of male applicant for refugee status and protection visa - Whether such finding invalidated in law because "based on" the existence of a particular fact, critical to the decision, found on review to be unsupported by evidence - Importance of distinction between judicial review and merits review of factual conclusions.
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