Preisman v Minister for Immigration & Multicultural Affairs [1999] FCA 780
No error of law in the Refugee Review Tribunal's decision; matters raised by the applicant are factual and do not engage the Court's jurisdiction under s 476(1) of the Migration Act, and the discrimination alleged does not reach the threshold of persecution within the meaning of the Convention.
- Jurisdiction
- Australia
- Judgment Date
- 04 June 1999
- Procedural Posture
- Administrative Law – Judicial Review / Final Judgment – Application Dismissed
- Outcome
- Application dismissed
- Legal Topics
- ['protection Visas' 'refugee Status' 'merits Review' 'jurisdictional Error' 'discrimination']
Case Brief
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Procedural Posture
Administrative Law – Judicial Review / Final Judgment – Application Dismissed
Legal Issues
- 1 ['Whether the applicant is a refugee within the meaning of the Convention relating to the Status of Refugees' 'Whether discrimination against applicant amounted to persecution' "Whether an error of law occurred in the Refugee Review Tribunal's decision"]
Ratio Decidendi
No error of law in the Refugee Review Tribunal's decision; matters raised by the applicant are factual and do not engage the Court's jurisdiction under s 476(1) of the Migration Act, and the discrimination alleged does not reach the threshold of persecution within the meaning of the Convention.
Court Disposition
Application dismissed
Orders
- ['The application be dismissed.' "The applicant pay the respondent's costs."]
Full Case Text
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