Balli v Minister for Immigration & Multicultural Affairs [2000] FCA 819

FEDERAL COURT OF AUSTRALIA

Balli v Minister for Immigration & Multicultural Affairs

[2000] FCA 819

MIGRATION – application for review of a decision of the Refugee Review Tribunal refusing to grant a protection visa – whether Tribunal properly applied the test for refugee status – whether Tribunal properly determined that certain restrictions on Kurds in Turkey do not amount to persecution. Migration Act 1958 s 36, s 65, s 476(1)(g) Migration Regulations 1994, subclass 866 of Schedule 2 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 cited Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 cited BULENT BALLI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and WENDY BODDISON, member constituting the REFUGEE REVIEW TRIBUNAL Q 211 OF 1999 SPENDER J BRISBANE 20 JUNE 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 211 OF 1999

BETWEEN: BULENT BALLI

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

FIRST RESPONDENT

WENDY BODDISON member constituting the REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 20 JUNE 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of and incidental to the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 211 OF 1999

BETWEEN: BULENT BALLI

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

FIRST RESPONDENT

WENDY BODDISON member constituting the REFUGEE REVIEW TRIBUNAL