Federal Court of Australia
Abeysinghe v Minister for Immigration & Multicultural Affairs [2002] FCAFC 108 Abeysinghe v Minister for Immigration & Multicultural Affairs [2002] FCA 511
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
Abeysinghe v Minister for Immigration & Multicultural Affairs
[2002] FCA 511
IMMIGRATION – appeal from decision of primary judge refusing a protection visa – Sri Lankan citizen claimed fear of persecution founded on association with a man involved in the Tamil Separatist organisation – whether by repeatedly using the word 'unconvincing' in its decision Tribunal had imposed an evidentiary onus on appellant so as to amount to an error of law – whether Tribunal should have informed appellant if it had concerns as to answers provided in response to questions pertaining to appellant's credit - no reviewable error under s 476 Migration Act identified. Migration Act 1958 (Cth) s 476
Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 referred to Abebe v The Commonwealth (1999) 197 CLR 510 followed Sinnathamby v Minister for Immigration and Ethnic Affairs (1986) 66 ALR 502 followed Tin v Minister for Immigration and Multicultural Affairs [2000] FCA 1109 followed Paul v Minister for Immigration and Multicultural Affairs [2001] FCA 1196 followed Pilbara Aboriginal Land Council v Minister for Aboriginal and Torres Strait Islander Affairs (2000) 175 ALR 706 referred to ANRUDDHA BANDARA ABEYSINGHE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 1016 of 2001 RYAN, CARR & CONTI JJ 30 APRIL 2002 SYDNEY
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