Altinkilic v Minister for Immigration & Mulitcultural Affairs [2000] FCA 1805

Altinkilic v Minister for Immigration & Mulitcultural Affairs [2000] FCA 1805

The application was dismissed because the applicant identified no error of law or other legal basis for setting aside the Refugee Review Tribunal's decision, and the Tribunal's adverse finding on his claimed Turkish nationality was a finding of fact reasonably open on the evidence.

Jurisdiction
Australia
Judgment Date
11 December 2000
Procedural Posture
Migration Protection Visa Application for Order to Review Decision of Refugee Review Tribunal Affirming Decision of Delegate Refusing Grant / Final Judgment on Application for Review
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'error of Law' 'findings of Fact']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'error of Law' 'findings of Fact']

Case Brief

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Procedural Posture

Migration Protection Visa Application for Order to Review Decision of Refugee Review Tribunal Affirming Decision of Delegate Refusing Grant / Final Judgment on Application for Review

Legal Issues

  1. 1 ['Whether the applicant disclosed any legal basis upon which the decision of the Refugee Review Tribunal should be set aside.' "Whether the Court could interfere with the Refugee Review Tribunal's finding that the applicant was not a Turkish national."]

Ratio Decidendi

The application was dismissed because the applicant identified no error of law or other legal basis for setting aside the Refugee Review Tribunal's decision, and the Tribunal's adverse finding on his claimed Turkish nationality was a finding of fact reasonably open on the evidence.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs, including reserved costs."]