Rajanayake v Minister for Immigration & Multicultural Affairs [2002] FCAFC 24; [2002] FCA 143

Rajanayake v Minister for Immigration & Multicultural Affairs [2002] FCAFC 24 Rajanayake v Minister for Immigration & Multicultural Affairs [2002] FCA 143

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation. * All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series. * All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Rajanayake v Minister for Immigration & Multicultural Affairs [2002] FCA 143

MIGRATION – appeal from decision of primary judge affirming decision of Refugee Review Tribunal – whether no evidence or other material to justify the making of the decision – whether decision based on facts that did not exist – whether Tribunal failed to address an issue raised by the material and evidence before it – whether Tribunal failed to address the issue of whether the appellant was considered by the police to hold a political opinion sympathetic or supportive of Tamils because of his association with Tamils, as opposed to sympathy or support for the Liberation Tigers of Tamil Eelam – whether appellant had a well‑founded fear of persecution PRECEDENTS – circumstances in which Full Court may decline to follow decision of earlier Full Court Migration Act 1958 (Cth) ss 36, 425, 476(1) (g), 476(4) (b)

V v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 355 cited Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181; 64 ALD 1 followed Jegatheeswaran v Minister for Immigration and Multicultural Affairs [2001] FCA 865 cited Transurban City Link Ltd v Allan (1999) 95 FCR 553 discussed Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 cited CECIL SYLVESTER RAJANAYAKE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N449 OF 2001 SPENDER, GRAY & BRANSON JJ 26 FEBRUARY 2002 SYDNEY