Taner v Minister for Immigration & Multicultural Affairs [1999] FCA 19

Taner v Minister for Immigration & Multicultural Affairs [1999] FCA 19

The Tribunal accepted that the applicant suffered from PTSD but was entitled to find it was attributable solely to military service and not to claimed political persecution; it had effectively rejected the claimed detention and torture by police. The challenged findings, including findings about Laz servicemen, bribes, Dev Sol involvement, ship-jumping, asylum and the shooting incident, were open on the material before the Tribunal and had some basis. The Tribunal considered the real chance of persecution and imputed political opinion. No ground under s 476(1)(a) or s 476(1)(e) of the Migration Act 1958 was made out.

Jurisdiction
Australia
Judgment Date
20 January 1999
Procedural Posture
Application to Review a Decision of the Refugee Review Tribunal Affirming a Delegate's Refusal to Grant a Protection Visa / Federal Court Judicial Review of Refugee Review Tribunal Decision
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa Refusal' 'refugee Review Tribunal Fact Finding' 'procedural Fairness and Substantial Justice' 'convention Reasons' 'real Chance of Persecution' 'error of Law']
['migration Law' 'refugee Law' 'administrative Law'] ['protection Visa Refusal' 'refugee Review Tribunal Fact Finding' 'procedural Fairness and Substantial Justice' 'convention Reasons' 'real Chance of Persecution' 'error of Law']

Case Brief

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Procedural Posture

Application to Review a Decision of the Refugee Review Tribunal Affirming a Delegate's Refusal to Grant a Protection Visa / Federal Court Judicial Review of Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the Tribunal failed to observe procedures required by law by not acting according to substantial justice and the merits of the case under s 420(2)(b) of the Migration Act 1958.' "Whether the Tribunal failed to make or consider findings about the applicant's claimed detention, torture and post-traumatic stress disorder." 'Whether findings of fact made by the Tribunal were unsupported by probative material.' 'Whether the Tribunal made an error of law by failing to consider the real chance of persecution arising from the applicant jumping ship, claiming asylum, or possible charges from the shooting incident.']

Ratio Decidendi

The Tribunal accepted that the applicant suffered from PTSD but was entitled to find it was attributable solely to military service and not to claimed political persecution; it had effectively rejected the claimed detention and torture by police. The challenged findings, including findings about Laz servicemen, bribes, Dev Sol involvement, ship-jumping, asylum and the shooting incident, were open on the material before the Tribunal and had some basis. The Tribunal considered the real chance of persecution and imputed political opinion. No ground under s 476(1)(a) or s 476(1)(e) of the Migration Act 1958 was made out.

Court Disposition

Application dismissed with costs.

Orders

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