Denissenko, Olga v Haskett, Christine (sitting as the Refugee Review Tribunal) & Anor [1996] FCA 404

Denissenko, Olga v Haskett, Christine (sitting as the Refugee Review Tribunal) & Anor [1996] FCA 404

The Tribunal did not err in law; it properly applied the 'real chance' test and evaluated all relevant material, including non-preferred evidence. The applicant did not establish a well-founded fear of persecution for Convention reasons either as a member of a social group (the mentally ill) or on the basis of political opinion, nor persecution through denial of employment. No reviewable error was demonstrated in the Tribunal's approach.

Jurisdiction
Australia
Judgment Date
29 May 1996
Procedural Posture
Judicial Review of Refugee Review Tribunal Decision / Final Judgment
Outcome
Application dismissed
Legal Topics
['refugee Status' 'judicial Review' 'persecution for Political Opinion' 'membership of Particular Social Group' 'real Chance Test' 'application of Convention Relating to the Status of Refugees']
['immigration Law' 'administrative Law'] ['refugee Status' 'judicial Review' 'persecution for Political Opinion' 'membership of Particular Social Group' 'real Chance Test' 'application of Convention Relating to the Status of Refugees']

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Procedural Posture

Judicial Review of Refugee Review Tribunal Decision / Final Judgment

Legal Issues

  1. 1 ["Whether the Tribunal erred in law by not applying the correct test for 'well-founded fear' under the Refugee Convention" 'Whether the Tribunal ignored material indicating an ongoing risk of political abuse in Russian psychiatry' 'Whether denial of employment amounted to Convention persecution']

Ratio Decidendi

The Tribunal did not err in law; it properly applied the 'real chance' test and evaluated all relevant material, including non-preferred evidence. The applicant did not establish a well-founded fear of persecution for Convention reasons either as a member of a social group (the mentally ill) or on the basis of political opinion, nor persecution through denial of employment. No reviewable error was demonstrated in the Tribunal's approach.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' 'All parties bear their own costs.']