Sahin, Zulfikar v Minister for Immigration & Multicultural Affairs [1998] FCA 236

Procedural Posture

Application for Review of Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Respondent's Notice of Motion to Dismiss the Application Summarily

Legal Issues

1. 1 ['Whether the Refugee Review Tribunal decision involved an improper exercise of power, an error of law, no evidence or other material to justify the decision, or was otherwise contrary to law under s 476 of the Migration Act 1958 (Cth).' 'Whether the applicant had a well-founded fear of persecution on the basis of political opinion, Kurdish ethnicity or Alevi religion if returned to Turkey.' 'Whether the application should be dismissed for failure to comply with Court directions under O 10 r7 of the Federal Court Rules.' 'Whether the application should be dismissed because it disclosed no reasonable cause of action under O 20 r2 of the Federal Court Rules.']

Ratio Decidendi

The application disclosed no reasonable cause of action because the Tribunal correctly identified the relevant legislation, the Refugees' Convention and the test in Chan, properly directed itself as to the law, analysed the applicant's claims and evidence, and made findings that were open to it, including adverse credibility findings and findings that there was no real chance of Convention-related persecution arising from the applicant's May Day march involvement, Kurdish ethnicity, Alevi religion or political opinion. No ground of review under s 476 of the Migration Act 1958 (Cth) was made out.

Court Disposition

Application dismissed.

Orders

• ["The applicant's application filed 19 September 1997 be dismissed." "The applicant pay the respondent's taxed costs of the application including the costs of the motion."]