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SZNWK v Minister for Immigration & Anor [2010] FMCA 83 (9 March 2010)
Last Updated: 9 March 2010
FEDERAL MAGISTRATES COURT OF AUSTRALIA
SZNWK v MINISTER FOR
IMMIGRATION & ANOR
|
|
MIGRATION – Persecution – review of
Refugee Review Tribunal decision – visa – protection visa –
refusal
– specific finding on a claim unnecessary because it was subsumed
in findings of greater generality – denial of natural
justice not proved
– error of fact by Tribunal without jurisdictional implications does not
amount to error of law –
failure to provide reasons in accordance with
s.430 of the Migration Act 1958 does not, without more, amount to
jurisdictional error.
|
|
First Respondent:
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MINISTER FOR IMMIGRATION & CITIZENSHIP
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|
Second Respondent:
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REFUGEE REVIEW TRIBUNAL
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|
Hearing date:
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27 January 2010
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Date of Last Submission:
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27 January 2010
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Delivered on:
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9 March 2010
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REPRESENTATION
The Applicant appeared
in person
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Solicitors for the Respondents:
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DLA Phillips Fox
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ORDERS
(1) The application be
dismissed.
FEDERAL MAGISTRATESCOURT OF AUSTRALIA
ATSYDNEY
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SYG 2113 of 2009
Applicant
And
MINISTER FOR IMMIGRATION &
CITIZENSHIP
|
First Respondent
Second Respondent
REASONS FOR JUDGMENT
Introduction
- The
applicant is a citizen of India and a Muslim. He claims that in April 2007 a
fellow villager (who had been excommunicated for
unacceptable activities) was
refused permission to bury his stillborn child in the burial ground of the local
mosque. The applicant
claims that he played a significant role in this decision
and was subsequently targeted by that other villager and his supporters.
The
applicant claims that these people are seeking revenge and will kill him if he
returns to India.
- The
applicant claims to fear persecution in India because of his involvement in the
decision to refuse the burial and because of his
difference with the villager
and his brother concerning how prayers should be conducted at his mosque.
- After
his arrival in Australia on 31 December 2008, the applicant lodged an
application for a protection visa. This was refused by
a delegate of the first
respondent (“Minister”) on 30 March 2009. The applicant then applied
to the Refugee Review Tribunal
(“Tribunal”) for a review of that
departmental decision. The applicant was unsuccessful before the Tribunal and
has applied
to this Court for judicial review of the Tribunal’s
decision.
- In
these judicial review proceedings the Court cannot rehear the applicant’s
application for a visa. Its task is to determine
whether the Tribunal’s
decision is affected by jurisdictional error as that is the only basis upon
which it can be set aside:
s.474 Migration Act 1958
(“Act”); Plaintiff S157/2002 v Commonwealth (2003) 211 CLR
476.
- For
the reasons which follow, the application will be
dismissed.
Background facts
- The
facts alleged in support of the applicant’s claim for a protection visa
are set out on pages 4 – 17 of the Tribunal’s
decision (Court Book
(“CB”) pages 170 – 183) and are summarised
below.
The department
- The
following claims were made by the applicant in a statement provided with his
protection visa application and at a subsequent departmental
interview on 17
March 2009:
- he
was born in the village of Vadakarai where he used to be a member of the local
Jamath. The Jamath is a mosque. It is also a reference
to Muslim people
generally (everyone in his village is Muslim and hence a member of Jamath) and,
in addition, is a term used to describe
those within the Jamath who are selected
as Jamath committee members or leaders;
- the
ten member Jamath committee in Vadakarai ran the mosque and looked after the
condition of the village. He became a committee member
in 1998 at the age of
twenty;
- in
1998 he left India and travelled to Thailand where he worked and lived
continuously for ten years before coming to Australia. He
returned to India
seven or eight times during this period;
- in
April 2007 he returned to India to assist his wife who was in the final stages
of pregnancy. Whilst there, the wife of a former
Jamath member (“Mr
Farouk”) gave birth to a stillborn child. The Vadakarai Jamath refused Mr
Farouk permission to bury
his child in the mosque burial ground as he had been
excommunicated and banished from the village for “unacceptable
activities”;
- Mr
Farouk’s brother, Mr Munsoor, asked the applicant to speak to the other
Jamath members on Mr Farouk’s behalf. Mr Munsoor
was the local leader of
the Tamil Nadu Muslim Munetra Kallagam (“TMMK”) which was supported
by the DMK, the ruling party.
The applicant on the other hand, was a member of
the AIADMK, an opposing party, having been a member since 1998. When the
applicant
refused Mr Munsoor’s request, the latter became angry and said
that he would take revenge;
- later
that same day, Mr Farouk and Mr Munsoor gathered supporters from the
neighbouring village and started a riot in Vadakarai. Members
of the TMMK
dragged the applicant out of his home and assaulted him. They said that the
applicant was the cause of the child not
being allowed to be buried. They said
that they would kill him. The applicant did not report this assault to the
police;
- at
one point, Mr Farouk and his DMK supporters went to the mosque. They were about
to clash with the AIADMK when the police intervened.
The police told the Jamath
that Mr Farouk should be granted permission to bury his child and, under their
supervision, the child
was buried at the mosque burial ground the following
day;
- frightened
and afraid for his life, the applicant left India and travelled to Bangkok
immediately after the birth of his child;
- meanwhile,
Mr Munsoor and Mr Farouk continued to search for him. They (and the DMK)
eventually discovered that he was working in Thailand
with a Mohamed Rafiq, who
was also from Vadakarai. They contacted Mr Rafiq and told him that if he did not
get the applicant out
of Thailand he (Mr Rafiq) and his family would be
murdered. As a result, Mr Rafiq told the applicant to leave the business;
- the
applicant returned to India in December 2008. However, Mr Rafiq had informed the
DMK and the applicant was attacked on his return
by about ten thugs. Members of
his own party, the AIADMK, were having a function nearby and managed to assist
him;
- on
16 December 2008 (presumably in a separate incident) the applicant was attacked
by Mr Munsoor, Mr Farouk and members of other coalition
parties who had all come
together to attack him. He did not report this incident to the
police;
- he
encountered other problems at this time. When he returned to his village, Hindus
from a neighbouring village (who belonged to the
RSS and BJP) came to Vadakarai
and occupied the Jamath, terrorising Muslims in the area. The applicant, along
with about ten others,
removed them and then went to their village and
terrorised them in turn. When the BJP learned of this they came to the
applicant’s
house to attack him but he was not at home. The BJP told the
applicant’s brother that they would murder the applicant;
and
- he
cannot move to another part of Tamil Nadu because Mr Munsoor and Mr Farouk have
contacts in every branch of the TMMK and they are
still angry that he did not
negotiate with the mosque about the burial. Also, he is opposed to their
political beliefs.
The Tribunal
- The
applicant appeared before the Tribunal on 4 June 2009 and on
23 July 2009.
On the first hearing date he made the following claims:
- Mr
Farouk’s child died on 19 April 2007. The burial was requested on the same
day and a meeting of Jamath members was convened
and attended by six or seven
hundred members. At that meeting the applicant was selected as a committee
member to replace someone
who was absent. He spoke up and said that Mr Farouk
and Mr Munsoor should not be permitted to bury the child at the mosque because
they had created many disturbances at the Jamath;
- a
majority of the attending members opposed the burial request. The Jamath leader,
a Mohamed Sultan, and the committee then met separately
to make a final decision
(although they would not have made a decision contrary to the wishes of the
larger group);
- the
applicant was targeted by the brothers because he had spoken up during the
meeting and because the brothers had previously regarded
him as a friend. He had
also opposed them on many other issues;
- he
left India on 15 or 16 May 2007, some three weeks after the incident concerning
Mr Farouk’s child. He had been in hiding
in the intervening period;
- when
he returned to India in December 2007 to see his wife he was attacked. He moved
his family to another location and then returned
to Thailand where he obtained
passports for his family. They joined him in Thailand in June or July 2008;
- he
was dismissed by Mr Rafiq in November 2008 and decided at that point that he
would come to Australia. However, he had to return
to India first in order to
find a safe place for his wife (he could not bring her to Australia because he
had expenses and she was
not well). The applicant and his family arrived in
India on 16 December 2008. They were attacked by Mr Munsoor, Mr Farouk and their
supporters while en route to Vadakarai. However, their attackers ran away when
they saw a vehicle approaching and assumed (incorrectly)
that it contained the
applicant’s supporters;
- on 20
December 2008, in retaliation against a group of Hindus who had taken over
property belonging to the Vadakarai mosque, the applicant
and about ten others
damaged a building which belonged to the Hindu community of a neighbouring
village. The applicant was recognised
as one of the attackers because people
from his village and those from the Hindu village often went to the same place
to “take
tea”. Later, these people came to the applicant’s
house and threatened to kill him;
- he
did not report these incidents to the police as the police usually support the
controlling party and do not treat ordinary people
well. Also, in 1998 he was
beaten by the police and has been frightened of them ever since; and
- he
cannot relocate within India because he has no education beyond the age of 18
and he cannot speak Hindi or English. Also, those
who threatened him have
connections with the Congress Party and the DMK and have links all over the
country. They are still looking
for him even now.
- The
applicant had earlier provided to the Minister’s department a newspaper
article titled “Case against 48 People Regarding
Burial of Baby near
Mayiladuthurai”, dated 22 April 2007, which he claimed described the
incident arising from the Jamath’s
refusal to allow the burial of Mr
Farouk’s child. When the Tribunal indicated to the applicant that the
article referred to
the leader of the Jamath as a Mr Samsudeen, not a Mohamed
Sultan, the applicant claimed that:
- Mr
Samsudeen was the leader of the Jamath in the neighbouring village,
Arangakudi;
- Mr
Farouk approached the Arangakudi Jamath after the Vadakarai Jamath refused his
request;
- when
the Arangakudi Jamath also refused to allow the burial, there was a clash and
the police were forced to intervene. The child
was eventually buried in
Arangakudi; and
- Arangakudi
and Vadakarai, being so close together, originally had only one Jamath. However,
about thirty years ago two separate Jamaths
were established. Even so, there was
a lot of interchange between the Jamaths.
- At
the hearing before the Tribunal on the second occasion the applicant provided an
additional article titled “Opposition to
bury a dead baby, Vadakarai 21
April 2007”. When the Tribunal indicated to the applicant that the article
again referred to
problems with the Jamath in the neighbouring village, the
applicant claimed that:
- the
neighbouring village (identified in the newspaper article as Mayiladuthurai) and
Vadakarai are the same village but the Jamaths
are divided. Mr Farouk had been
expelled from both Jamaths;
- there
were two clashes; one involving the Vadakarai Jamath and the other involving the
Mayiladuthurai Jamath. He did not previously
mention the problems with the two
Jamaths because he only wrote about his own problems; and
- the
Mayiladuthurai Jamath asked the Vadakarai Jamath for assistance and the
applicant was therefore involved although nothing happened
to him when he went
to help the neighbouring Jamath.
The Tribunal’s decision and reasons
- After
discussing the claims made by the applicant and the evidence before it, the
Tribunal found that it was not satisfied that the
applicant is a person to whom
Australia has protection obligations under the United Nations Convention
relating to the Status of Refugees 1951, amended by the Protocol relating
to the Status of Refugees 1967 (“Convention”). The
Tribunal’s decision was based on the following findings and
reasons:
- the
Tribunal accepted that the Mayiladuthurai Jamath led by Samsudeen refused to
allow the burial of Mr Farouk’s stillborn child
and that as a result there
was a clash between the Mayiladuthurai Jamath and TMMK officials. However, the
Tribunal did not accept
that there were two clashes in two villages, i.e. that
there was also a clash in the applicant’s village between Mr Farouk
and
the Vadakarai Jamath led by Mohamad Sultan. In this connection, the Tribunal
noted that:
- the
newspaper articles were detailed and specific. Had there been two separate
incidents in two villages as claimed by the applicant,
this would have been
reported in the articles;
- the
applicant made no reference in his statement or at his interview with the
department about two Jamaths refusing to allow the burial.
He only offered this
explanation when the Tribunal put to him that the Jamath leader named in the
first article (Samsudeen) was a
different person to the Jamath leader named by
the applicant (Mohamad Sultan). The Tribunal did not accept the
applicant’s
explanation that he had only written about his own problems
and it formed the view that he had fabricated this evidence in response
to the
inconsistency which was pointed out by the Tribunal; and
- it
had serious doubts that all of the events which the applicant claimed occurred
could have occurred within a day of the child’s
death;
- even
accepting that the Vadakarai Jamath had refused to allow the burial of Mr
Farouk’s child, the Tribunal did not find credible
the applicant’s
claim that he played a key role in that decision, noting that:
- he
had not been a consistent resident in Vadakarai for ten years and only returned
a week before the death of Mr Farouk’s child.
In the circumstances, it was
not credible that out of the six or seven hundred participants at the meeting
the applicant would have
been asked by the Jamath to stand in for an absent
committee member or to play any special role at the meeting;
- not
being a committee member, the applicant would have been one of hundreds who made
the decision to not allow Mr Farouk to bury his
child and the Tribunal did not
accept that his role or influence was so significant that his assistance would
have been sought by
Mr Farouk and Mr Munsoor or that he would have been targeted
by them;
- the
Tribunal was of the view that if the applicant had had a significant role in the
Jamath he would have been in communication with
other Jamath members and would
know if others had been similarly targeted but he did not know if they had been.
Also, it did not
seem to the Tribunal to be credible that the applicant, instead
of seeking support from fellow Jamath members, would immediately
go into hiding
and would not know if others had been targeted; and
- the
Tribunal did not accept that the applicant had a personal relationship with Mr
Farouk and Mr Munsoor such that they would be motivated
to seek his assistance
or then target him for revenge, given the applicant’s evidence that they
were from an opposing political
party, that he was opposed to their practices in
the mosque and that he did not know their full names.
- consequently,
the Tribunal did not accept that the applicant was threatened or assaulted by Mr
Farouk or Mr Munsoor or by TMMK or
DMK supporters;
- given
the applicant’s claim that he was targeted because of the role he played
in the Jamath’s refusal to allow the burial
of Mr Farouk’s child,
the Tribunal did not accept that he was targeted because of his political
affiliations;
- the
first newspaper article provided by the applicant indicated that as a result of
the clash between the Jamath and supporters of
Mr Farouk, the police filed cases
against forty-eight people including officials of the TMMK. The Tribunal found
that the actions
of the Indian police constituted a serious effort on their part
to make the perpetrators accountable for their actions and, in light
of this,
did not accept that the applicant would have been denied protection by the
police had he made a complaint about being assaulted.
The fact that the
applicant did not make a complaint also caused the Tribunal to doubt the
veracity of his claims;
- the
Tribunal did not accept that Mr Farouk and Mr Munsoor pressured Mr Rafiq to
terminate the applicant’s employment in November
2008 as it did not
consider credible the applicant’s claim that it took Mr Farouk and Mr
Munsoor, two fellow villagers, eighteen
months to ascertain the name of the
applicant’s employer, who was also from the same village and who had
employed the applicant
for ten years;
- the
Tribunal also had serious doubts that Mr Farouk and Mr Munsoor would have
persisted in making threats against the applicant eighteen
months after the
burial incident, particularly given the evidence that Mr Farouk’s child
was eventually buried in the mosque
and thus his objective had been
achieved;
- the
Tribunal did not accept that in December 2008 the applicant engaged in a raid on
a neighbouring village or that he was targeted
by the RSS and the BJP as a
result. The Tribunal did not consider it credible that the applicant would
engage in such risky behaviour
in circumstances where he was apparently fearful
of attack, had already been attacked on his arrival and had returned to India
for
the purpose of organising a safe residence for his family;
- even
if he had engaged in such a raid, the Tribunal did not consider it credible that
the applicant would have been personally identified
given that:
- he
had been living in Thailand for ten years and prior to December 2008 had not
been back in India since December 2007;
- his
claim that he was in hiding in April and December 2007 was not consistent with
his claim that he was drinking tea at a popular
tea house (and was therefore
recognised); and
- he
claimed that his village had a population of 3000 and that all were Muslim and
members of the Jamath. The Tribunal was therefore
of the view that any number of
people in the applicant’s village might have wanted to retaliate against
Hindus damaging or
occupying Jamath property and thus it was not plausible that
the applicant was easily identified by Hindu residents of the neighbouring
village as having been party to the raid;
- consequently,
the Tribunal did not accept that the applicant had a political profile which
would result in him being of adverse interest
to the DMK, the TMMK, the Congress
Party, the BJP or the RSS.
Proceedings in this Court
- The
grounds of the application commencing these proceedings were pleaded as
follows:
- (1) The
Second Respondent erred in law as it failed to take into consideration relevant
issues in this case.
- (2) The
Applicant was not accorded natural justice.
- In
his written outline of arguments the applicant also submitted that the
Tribunal:
- made
factual errors in its findings; and
- erred
in law by not providing reasons for its disbelief of his
claims.
Failure to consider claim
- The
principal claim made by the applicant was that he feared persecution because of
his involvement in his mosque’s decision
to refuse Mr Farouk permission to
bury his stillborn child at that mosque. The summary of the applicant’s
claims and the Tribunal’s
consideration of those claims set out above at
[6]-[11] demonstrates that this aspect of the allegation has no substance. It is
apparent
that the Tribunal gave detailed consideration to the applicant’s
claims in this connection. To that extent, this allegation
is not made out.
- The
applicant also alleged during the course of his Tribunal hearing on 4 June 2009
that in addition to his opposition to the burial,
he feared Messrs Munsoor and
Farouk because he rejected their views regarding the way prayers should be
conducted. It appears that
this allegation formed part of the factual background
for the claimed refusal to permit the burial of Mr Farouk’s child in
that
it appears that Mr Farouk was associated with “more progressive
Muslims” and had “created many disturbances
at the Jamath”
(para.42, CB 175). The applicant stated that the brothers made it political,
fearing that he would be a hindrance
to the progress of the TMMK.
- In
para.99 of its decision the Tribunal expressly rejected the proposition that the
applicant had a political profile which would
result in him being of adverse
interest to organisations including the DMK and the TMMK. This conclusion deals
with the applicant’s
claim to fear persecution because Messrs Farouk and
Munsoor would or did politicise the applicant’s rejection of their views
regarding the way prayers ought to be conducted.
- Even
if it were to be considered that the Tribunal did not expressly deal with this
claimed fear the issue was nevertheless disposed
of. As was said in Applicant
WAEE v Minister for Immigration & Multicultural & Indigenous Affairs
(2003) 75 ALD 630:
- The
inference that the tribunal has failed to consider an issue may be drawn from
its failure to expressly deal with that issue in
its reasons. But that is an
inference not too readily to be drawn where the reasons are otherwise
comprehensive and the issue has
at least been identified at some point. It may
be that it is unnecessary to make a finding on a particular matter because it is
subsumed
in findings of greater generality or because there is a factual premise
upon which a contention rests which has been rejected. (at 641 [47])
- That
is the case here. The applicant’s claim to fear Messrs Farouk and Munsoor
were subject to a comprehensive rejection by
the Tribunal in para.92 of its
decision where it said that it did not accept that he was threatened or
assaulted by those men or
by TMMK or DMK supporters. This conclusion, although
not specifically referring to the applicant’s claim to fear harm from
these men as a result of their religious differences, necessarily incorporates
and deals with it.
- The
issue was also disposed of by the Tribunal’s conclusion that it was not
satisfied that the Indian police failed to provide
him with protection for a
Convention reason and by its rejection of the idea that the police would not
have taken any action against
those who assaulted the applicant if they were
TMMK members (para.93).
- Further,
the Tribunal did not accept that Messrs Farouk and Munsoor pressured the
applicant’s employer to terminate his employment,
finding that that claim
was not credible.
- In
short, the applicant’s claim to fear Messrs Farouk and Munsoor by reason
of his disagreement with their views on religious
practices was subsumed by the
Tribunal’s findings concerning the absence of threats to and assaults on
the applicant by Messrs
Farouk and Munsoor and those associated with them, by
the availability of police protection and by the Tribunal’s disbelief
of
the applicant’s allegation that Messrs Farouk and Munsoor sought to put
pressure on the applicant through the medium of
his employer.
The applicant was not accorded natural justice
- The
allegation that the applicant was not accorded natural justice was
particularised in the following terms:
- All the
relevant adverse material which constituted part or whole of the case was not
put to the applicant for his comment.
The applicant
has not identified what material was not put to him.
- As
the allegation is particularised, it appears to allege a breach of s.424A of the
Act. Section 424A(1) relevantly provides:
- 424A
Information and invitation given in writing by Tribunal
- (1) Subject
to subsections (2A) and (3), the Tribunal must:
- (a) give
to the applicant, in the way that the Tribunal considers appropriate in the
circumstances, clear particulars of any information
that the Tribunal considers
would be the reason, or a part of the reason, for affirming the decision that is
under review; ...
- ...
- (3) This
section does not apply to information:
- (a) that
is not specifically about the applicant or another person and is just about a
class of persons of which the applicant or
other person is a member; or
- (b) that
the applicant gave for the purpose of the application for review; or
- (ba) that
the applicant gave during the process that led to the decision that is under
review, other than such information that
was provided orally by the applicant to
the Department; or
- (c) that
is non-disclosable information.
- In
this case, the Tribunal had no obligations under s.424A as all the information
upon which it based its decision was either information
which the applicant had
provided to the Minister’s department in writing, was information which
the applicant provided to the
Tribunal for the purposes of its review or was
independent country information to which the Tribunal had access:
s.424A(3).
- In
any event, in purported conformity with s.424AA, which permits the Tribunal to
give oral notification of the matters required to
be advised to an applicant
pursuant to s.424A, the Tribunal did put a number of matters to the applicant.
Indeed, that was the entire
purpose of the second Tribunal hearing which took
place on 23 July 2009. There, the Tribunal put to the applicant various concerns
it had regarding the credibility of his evidence and inconsistencies between
that evidence and newspaper articles which he had provided
to the Tribunal.
Except to the extent that this course was required by s.425 of the Act, the
Tribunal was not, on this occasion,
obliged to take this step.
- Should
the particulars of the second allegation in the application be understood to be
a reference to a supposed breach of s.425,
such an allegation is not made out.
Section 425(1) relevantly provides:
- 425
Tribunal must invite applicant to appear
- (1) The
Tribunal must invite the applicant to appear before the Tribunal to give
evidence and present arguments relating to the
issues arising in relation to the
decision under review.
- The
issues concerning the Tribunal, and which were the basis for it listing a second
hearing, were its concerns regarding when Mr
Farouk’s child died, which
Jamath was involved in the dispute regarding the child’s burial, queries
concerning the credibility
of the applicant’s claim to be singled out
amongst hundreds of persons involved in the decision to deny the child burial,
issues
concerning police protection and the applicant’s membership of the
Jamath committee. Additionally, the Tribunal explained to
the applicant that
there was information before it which might cause it to decide that his claims
were not credible and which would
lead to the refusal of his review
application.
- Consequently,
to the extent that the Tribunal had any obligations pursuant to s.425(1) to put
to the applicant issues arising in connection
with the review, it did so at the
hearing on 23 July 2009.
Error of fact
- This
allegation appears to be founded on the Tribunal’s expressed understanding
that the applicant claimed to be a member of
a political party called the ADMK
and also a party called the AIADMK. It should first be noted that there does not
appear to have
been an error on the Tribunal’s part. Its reference in
para.20 of its decision record to the applicant being a member of the
ADMK is,
in essence, a quotation of what the applicant said in the statement he submitted
with his protection visa application. The
reference to the AIADMK arises from
the applicant’s evidence to the Tribunal on the first occasion. No
evidence was put before
the Court by the applicant which demonstrated that the
Tribunal’s record of that hearing was inaccurate. The applicant’s
allegation that there was some factual error is misconceived. The Tribunal
recounted the applicant’s allegations and went on
to say in its
“Findings & Reasons” that the applicant claimed to have been a
member of the AIADMK, clearly preferring
to rely on the evidence given at its
hearing rather than the allegation contained in the statement submitted with the
visa application.
- However,
even were the Tribunal’s statement to have been inaccurate, this would not
amount to jurisdictional error justifying
the setting aside of its decision. A
mere error of fact on the Tribunal’s part, which has no jurisdictional
implications, such
as would be the case here, does not amount to an error of
law: Abebe v Commonwealth of Australia [1999] HCA 14; (1999) 197 CLR 510 per Gummow and
Hayne JJ at 560 [137] and 579-580 [195].
Failure to provide reasons
- The
applicant alleges that the Tribunal erred because it did not provide reasons for
its disbelief of the applicant’s version
of events. Factually, this
allegation must fail as the Tribunal’s decision record discloses with
considerable clarity the basis
for its disbelief of those allegations. However,
even if it had not, the mere failure of the Tribunal to comply with its
obligations
under s.430 would not, without more, amount to jurisdictional error:
Applicant S1507/2003 v Minister for Immigration & Multicultural Affairs
[2007] FCA 290; SZNOM v Minister for Immigration & Citizenship
[2009] FCA 1244.
Conclusion
- For
these reasons, jurisdictional error on the part of the Tribunal has not been
demonstrated.
- Consequently,
the application will be dismissed.
I certify that the preceding
thirty-three (33) paragraphs are a true copy of the reasons for judgment of
Cameron FM
Associate:
Date: 9 March 2010
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