Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG652 of 1997
BETWEEN: ZIA UR-REHMAN KHAN
Applicant
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: FINN J
DATE OF ORDER: 24 JULY 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG652 of 1997
BETWEEN: ZIA UR-REHMAN KHAN
Applicant
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: FINN J
DATE: 24 JULY 1998
PLACE: MELBOURNE
EX TEMPORE REASONS FOR JUDGMENT This application can be dealt with shortly. It is for an order of review under Part 8 of the Migration Act 1958 ("the Act") of a decision of the Refugee Review Tribunal of 24 October 1997 affirming a decision that the applicant, Zia Ur-Rehman Khan, not be granted a protection visa. Of the variety of the grounds advanced in the application only three have been prosecuted (although I will refer to a fourth which was in effect abandoned during submissions). Those grounds are: (i) the Tribunal committed an error of law in applying the real chance test in that while it made a range of findings it failed to consider at all or give sufficient weight to particular evidence; (ii) the Tribunal constructively failed to exercise its jurisdiction (Guo Wei Rong v Minister for Immigration and Ethnic Affairs (1996) 135 ALR 421 at 433-434) in that in not considering the matters as in (i) above, it failed to consider all matters relevant to its proper exercise of jurisdiction; and (iii) the Tribunal did not act according to substantial justice and merits of the case and so failed to observe the procedures it was required to observe, the relevant failure being that referred to in (i) and (ii) above. It is, of course, well accepted that it is not part of this court's function in a proceeding of the present type to engage in merits review. This, unfortunately, is the actual burden of this application.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate