WAJS v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCAFC 139

Full Court of the Federal Court

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › No evidence ground
5. › Whether 'no evidence' ground applies to rejection of evidence as implausible
6. › Whether positive evidence required to support disbelief of testimony
1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Irrationality and perversity
5. › Whether Tribunal's credibility findings were perverse or irrational
6. › Whether conclusions reasonably open on the material
1. Immigration
2. › Protection visas
3. › Refugee Review Tribunal
4. › Credibility assessment
5. › Whether Tribunal entitled to reject evidence without adverse demeanour findings
6. › Whether evidence can be rejected as inherently implausible
7. › Migration Act 1958 (Cth), ss 65, 414(1)

Quick Take

The 'no evidence' ground of judicial review does not apply to a tribunal's rejection of evidence as implausible based on surrounding circumstances; such rejection is not a positive finding requiring evidentiary support. A tribunal of fact may reject evidence it rationally considers implausible without making adverse demeanour findings, provided the conclusions are reasonably open on the material.