Ozberk, Kemal & Ors v The Minister for Immigration & Multicultural Affairs [1998] FCA 1604

Ozberk, Kemal & Ors v The Minister for Immigration & Multicultural Affairs [1998] FCA 1604

The Refugee Review Tribunal had cogent evidence on which it was entitled to conclude that the impugned court document was false, including that the alleged sentence pre-dated the first applicant's departure from Turkey, the document did not charge membership of an illegal group, its wording was vague, the first applicant was able to leave Turkey despite the document, and the Document Examination Unit considered it most probably false. The Tribunal's finding was firm, not tentative, and it had no real doubt requiring further inquiry. Accordingly, the Tribunal was not obliged as a matter of substantial justice to further investigate the arrest warrant, no error of law was disclosed, and the...

Jurisdiction
Australia
Judgment Date
15 December 1998
Procedural Posture
Application for an Order of Review Under Part 8 of the Migration Act 1958 (cth) / Final Hearing of Application to Review a Refugee Review Tribunal Decision
Outcome
Application dismissed.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'authenticity of Arrest Warrant' 'substantial Justice' 'fresh Evidence' 'jurisdictional Error']
['immigration' 'evidence' 'administrative Law'] ['protection Visas' 'refugee Review Tribunal' 'authenticity of Arrest Warrant' 'substantial Justice' 'fresh Evidence' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for an Order of Review Under Part 8 of the Migration Act 1958 (cth) / Final Hearing of Application to Review a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether there was cogent evidence before the Refugee Review Tribunal on which it was entitled to conclude that the impugned Turkish court document was not genuine.' 'Whether the Refugee Review Tribunal failed to act according to substantial justice and the merits of the case by not further investigating the authenticity of the arrest warrant.' 'Whether fresh evidence concerning the authenticity of the arrest warrant was relevant to a reviewable error of law under s 476(1)(a) of the Migration Act 1958 (Cth).']

Ratio Decidendi

The Refugee Review Tribunal had cogent evidence on which it was entitled to conclude that the impugned court document was false, including that the alleged sentence pre-dated the first applicant's departure from Turkey, the document did not charge membership of an illegal group, its wording was vague, the first applicant was able to leave Turkey despite the document, and the Document Examination Unit considered it most probably false. The Tribunal's finding was firm, not tentative, and it had no real doubt requiring further inquiry. Accordingly, the Tribunal was not obliged as a matter of substantial justice to further investigate the arrest warrant, no error of law was disclosed, and the...

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' 'The parties file and serve written submissions on the question of costs on or before 18 December 1998.']