Biyiksiz, Tuncay v Minister for Immigration & Multicultural Affairs [1998] FCA 352

FEDERAL COURT OF AUSTRALIA IMMIGRATION LAW - Refugee Review Tribunal - application for protection visa - whether Tribunal failed to observe procedures required by the Migration Act 1958 (Cth) - whether Tribunal only had regard to applicant's past conduct in determining whether conscientious objector - no error of law demonstrated. IMMIGRATION LAW - Refugee Review Tribunal - finding by Tribunal that applicant involved in "crimes against humanity" - finding by Tribunal that applicant excluded from coverage of the Convention by reason of Article 1F - Tribunal lacked jurisdiction to make such finding - whether this finding capable of severance from other valid part of decision - whether that excess of jurisdiction infected the otherwise valid part of the decision - Tribunal expressed ultra vires part to be an independent ground for decision - ultra vires part capable of severance. Migration Act 1958 (Cth) ss 420, 476(1)(a), (b) and (e) Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300, considered Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505, considered Daher v Minister for Immigration and Ethnic Affairs (1997) 147 ALR 643, applied Minister for Immigration and Ethnic Affairs v Singh (1997) 142 ALR 191, considered Guo v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 151, considered TUNCAY BIYIKSIZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 438 of 1997 MANSFIELD J ADELAIDE (Heard in Melbourne) 9 APRIL 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 438 of 1997

BETWEEN: tuncay biyiksiz

Applicant

AND: minister for immigration and multicultural affairs

Respondent

JUDGE: MANSFIELD J

DATE OF ORDER: 9 april 1998

WHERE MADE: adelaide (heard in Melbourne)