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

FEDERAL COURT OF AUSTRALIA IMMIGRATION Ð EVIDENCE Ð Application to review decision of the Refugee Review Tribunal (the ÒRRTÓ) affirming that Australia does not have protection obligations in respect of the applicants Ð whether cogent evidence before the RRT to form a conclusion regarding the authenticity of an impugned document Ð whether substantial justice achieved or whether the RRT was required to further investigate a document not considered to be genuine.

Migration Act 1958 (Cth) ss 420(2)(b), 476(1)(a). Ozberk v Minister for Immigration & Multicultural Affairs (1998) 79 FCR 249, referred to Kemal Ozberk v Minister for Immigration & Multicultural Affairs, (Einfeld, Sundberg and Merkel JJ, 13 July 1998, unreported), referred to

Eshetu v Minister for Immigration & Multicultural Affairs (1997) 71 FCR 300, cited Nilufer Demir v Minister for Immigration & Multicultural Affairs, (Ryan J, 19 October 1998, unreported), distinguished

Teoh v Minister for Immigration, Local Government & Ethnic Affairs (1994) 49 FCR 409, considered

Sinan Aras v Minister for Immigration & Ethnic Affairs, (Finkelstein J, 20 March 1998, unreported), followed

Duggal v Minister for Immigration & Ethnic Affairs, (North J, 25 July 1997, unreported), followed

Yazici v Minister for Immigration & Multicultural Affairs, (Whitlam J, 3 March 1998, unreported), followed

Resmiye Polat v Minister for Immigration & Multicultural Affairs, (OÕConnor J, 25 March 1998, unreported), followed

Minister for Immigration & Ethnic Affairs v Singh (1997) 74 FCR 553, referred to

Balwir Singh v Minister for Immigration & Multicultural Affairs (Full Court, 14 November 1997, unreported), followed

KEMAL OZBERK, BILGIYE OZBERK, PINAR OZBERK & PERVIN OZBERK Ðv Ð THE MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

VG 36 of 1997

MARSHALL J

MELBOURNE