The Federal Court dismissed an appeal from a protection visa refusal, holding that the Tribunal's finding that Malaysian police and the judicial system operate reasonably effectively and without discrimination was a merits-based conclusion not amenable to judicial review for jurisdictional error. The Court confirmed that country information published after the Tribunal's decision cannot ground a failure-to-consider claim, that a claim not raised before the Tribunal (return as a failed asylum seeker critical of government) need not be considered by it, and that no s 424A obligation arose where the information comprised independent country information, information provided by the applicant for the review, or the Tribunal's own thought processes and subjective appraisals.
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