Borissov, Borislav Neofitov & Anor v Minister for Immigration & Multicultural Affairs [1998] FCA 1521

Borissov, Borislav Neofitov & Anor v Minister for Immigration & Multicultural Affairs [1998] FCA 1521

The material before the Court does not establish a permissible ground for reviewing the Tribunal's decisions; the applicants' fears of harm in Bulgaria do not fall within the recognised reasons under the Refugee Convention.

Jurisdiction
Australia
Judgment Date
06 November 1998
Procedural Posture
Judicial Review / Final Judgment
Outcome
application refused
Legal Topics
['protection Visas' 'refugee Status' 'judicial Review of Tribunal Decisions']
['immigration Law'] ['protection Visas' 'refugee Status' 'judicial Review of Tribunal Decisions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the applicants have a well-founded fear of persecution for reasons recognised under the Refugee Convention' 'Whether the Tribunal erred in finding no permissible grounds for review based on factual mistakes']

Ratio Decidendi

The material before the Court does not establish a permissible ground for reviewing the Tribunal's decisions; the applicants' fears of harm in Bulgaria do not fall within the recognised reasons under the Refugee Convention.

Court Disposition

application refused

Orders

  • ['The application is refused.' "The applicants are to pay the respondent's costs of each application."]