Semiz, Faris v The Minister for Immigration & Multicultural Affairs [1997] FCA 549

Semiz, Faris v The Minister for Immigration & Multicultural Affairs [1997] FCA 549

The Tribunal's findings that there was not a real chance the applicant would be persecuted for a Convention reason were findings of fact open to it and did not involve an error of law or incorrect application of the law. The applicant's criticisms merely raise factual issues, not legal errors reviewable under s.476(1)(e) of the Migration Act 1958 (Cth). The application for review must be dismissed.

Jurisdiction
Australia
Judgment Date
24 June 1997
Procedural Posture
Judicial Review / Federal Court Judgment on Application for Review of Refugee Review Tribunal Decision
Outcome
Application dismissed with costs
Legal Topics
['protection Visas' 'well Founded Fear of Persecution' 'error of Law in Administrative Decisions']
['immigration Law' 'refugee Law'] ['protection Visas' 'well Founded Fear of Persecution' 'error of Law in Administrative Decisions']

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Procedural Posture

Judicial Review / Federal Court Judgment on Application for Review of Refugee Review Tribunal Decision

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal erred in law in its application of the 'well-founded fear of persecution' test under the Convention" "Whether the Tribunal's factual findings amounted to legal error under s.476(1)(e) of the Migration Act 1958 (Cth)"]

Ratio Decidendi

The Tribunal's findings that there was not a real chance the applicant would be persecuted for a Convention reason were findings of fact open to it and did not involve an error of law or incorrect application of the law. The applicant's criticisms merely raise factual issues, not legal errors reviewable under s.476(1)(e) of the Migration Act 1958 (Cth). The application for review must be dismissed.

Court Disposition

Application dismissed with costs

Orders

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