Demir, Murat v Minister for Immigration & Multicultural Affairs [1996] FCA 1158

Procedural Posture

Application Pursuant to S476 of the Migration Act 1958 for Review of a Judicially Reviewable Decision Concerning Refusal of a Protection Visa / Federal Court Judicial Review of Refugee Review Tribunal Decision Affirming Delegate's Refusal; Final Judgment

Legal Issues

1. 1 ['Whether the Refugee Review Tribunal incorrectly interpreted or applied the Migration Act 1958 in determining whether the applicant had a well-founded fear of persecution within the meaning of the Refugees Convention.' 'Whether the Tribunal misdirected itself by treating lack of desperation to leave Turkey, lack of strong fear, or depth of fear as relevant to well-founded fear of persecution.' 'Whether the Tribunal failed to address or take into account matters concerning imputed political opinion, discrimination against Kurdish people, human rights abuses against Kurdish people, and community polarisation in Turkey.' "Whether the Tribunal's conclusion that there was not a real chance of persecution because of Kurdish ethnicity or political opinion disclosed an error of law under s476(1)(e)."]

Ratio Decidendi

The Tribunal recited and understood that Australia's protection obligations depended on whether there was a real chance that the applicant would be persecuted on return. Having considered the material and given some material more weight than other material, the Tribunal was not satisfied that there was a real chance that the applicant would be persecuted in Turkey because of his ethnicity or political opinion. That reasoning did not depart from the requirements of the Migration Act 1958 as explained in Wu Shan Liang, so no reviewable error under para476(1)(e) was shown.

Court Disposition

Application dismissed with costs.

Orders

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