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.

Words and Phrases – "particular facts" – "facts critical to the making of a decision".

Migration Act 1958 (Cth) ss 476(1)(e) – 476(1)(g), 476(4)

Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(f) – 5(1)(h), 5(3).