Kilic, Haki v Minister for Immigration & Multicultural Affairs [1996] FCA 1157

Kilic, Haki v Minister for Immigration & Multicultural Affairs [1996] FCA 1157

The Tribunal did not err in law because it considered whether there was a real chance the applicant might suffer persecution for a Convention reason and was not satisfied such a risk existed; thus, the judicial review application must be dismissed.

Jurisdiction
Australia
Judgment Date
23 December 1996
Procedural Posture
Judicial Review / Judgment
Outcome
Application dismissed with costs
Legal Topics
['protection Visas' 'refugee Status Determination' 'well Founded Fear of Persecution']
['migration Law'] ['protection Visas' 'refugee Status Determination' 'well Founded Fear of Persecution']

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Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal erred in law in applying the 'real chance of persecution' test under the Refugees Convention" 'Whether the applicant had a well-founded fear of persecution based on his Alevi faith or acts of ship-jumping']

Ratio Decidendi

The Tribunal did not err in law because it considered whether there was a real chance the applicant might suffer persecution for a Convention reason and was not satisfied such a risk existed; thus, the judicial review application must be dismissed.

Court Disposition

Application dismissed with costs

Orders

  • ['The application be dismissed with costs.']