Khatter v Minister of Immigration & Multicultural Affairs [2000] FCA 1338

Khatter v Minister of Immigration & Multicultural Affairs [2000] FCA 1338

The RRT properly applied the 'real chance' test required by statute, explicitly addressed the risk of persecution on relocation, and provided adequate reasons for its conclusions; therefore, no jurisdictional or legal error was established and the application was dismissed.

Parties
First Applicant: Khattar Emel Khatter; Second Applicant: Nadia Mikhail Shaker Hanna; Respondent: Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
19 September 2000
Procedural Posture
Order of Review (judicial Review) / Judgment on Review of Refugee Review Tribunal Decision
Outcome
application dismissed
Legal Topics
Refugee Protection Visas, Judicial Review, Real Chance Test, Refugee Status, Freedom of Religion
Administrative Law Migration Law Refugee Protection Visas Judicial Review Real Chance Test Refugee Status Freedom of Religion

Case Brief

Summary, issues, holding and outcome

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Parties

Khattar Emel Khatter

First Applicant

Nadia Mikhail Shaker Hanna

Second Applicant

Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Order of Review (judicial Review) / Judgment on Review of Refugee Review Tribunal Decision

Legal Issues

  1. 1 Whether the RRT erred in law by failing to properly apply s 430 of the Migration Act
  2. 2 Whether the RRT failed to properly apply the 'real chance' test for persecution
  3. 3 Whether there was no evidence to justify findings of the RRT

Ratio Decidendi

The RRT properly applied the 'real chance' test required by statute, explicitly addressed the risk of persecution on relocation, and provided adequate reasons for its conclusions; therefore, no jurisdictional or legal error was established and the application was dismissed.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • The applicants pay the costs of the respondent.