Sivasubramaniam v Minister for Immigration & Multicultural Affairs [2002] FCAFC 98; FCA 428

Sivasubramaniam v Minister for Immigration & Multicultural Affairs [2002] FCAFC 98 Sivasubramaniam v Minister for Immigration & Multicultural Affairs [2002] FCA 428

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

Sivasubramaniam v Minister for Immigration & Multicultural Affairs [2002] FCA 428

MIGRATION – appeal – protection visas – dismissal of application for review by primary judge – whether failure to find Tribunal in error in relation to persecution finding – whether failure to consider claim of revenge in overseas country could provide basis of well-founded fear in home country – whether failure in effective protection finding properly to consider real chance that state protection was not available – whether failure in relocation finding to consider possibility of extortion or persecution through appellant's parents Migration Act 1958 (Cth) ss 476(1)(b), 476(1)(c), 476(1)(e) Paramananthan v Minister for Immigration & Multicultural Affairs (1998) 94 FCR 28 distinguished Minister for Immigration & Multicultural Affairs v Anthony Pillai (2001) 106 FCR 426 distinguished Minister for Immigration & Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 referred to Minister for Immigration & Multicultural Affairs v Prathapan (1998) 86 FCR 95 referred to Ahmed v Minister for Immigration & Multicultural Affairs [2000] FCA 123 referred to Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 followed Minister for Aboriginal & Torres Strait Islander Affairs v State of Western Australia (1996) 67 FCR 40 distinguished Applicant A v Minister for Immigration & Ethnic Affairs (1997) 190 CLR 225 referred to Ram v Minister for Immigration & Ethnic Affairs (1995) 57 FCR 565 referred to SIVAPATHAN SIVASUBRAMANIAM, SHANTHANKUMARI SIVAPATHAN, SANTHOSH SIVAPATHAN and SAYO SIVAPATHAN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N1235 of 2001 SPENDER, RD NICHOLSON and NORTH JJ 15 APRIL 2002 SYDNEY