Sidamparam, S.K. v Minister for Immigration & Ethnic Affairs [1986] FCA 376

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

ake ) J GZ NEW SOUTH WALES DISTRICT REGISTRY ) No. G.327 of 1986 ) GENERAL DIVISION )

BETWEEN: SKANDA KUMARA SIDAMPARAM

Applicant

AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

CORAM : WILCOX J PLACE: SYDNEY DATE: 12 AUGUST 1986

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The interim order made on 7 August 1986 be dissolved.

-2. The costs of the applications for interlocutory relief made on 7 August 1986 and 12 August 1986 be

the respondent's costs in the principal proceedings.

w

Note:

2.

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G.327 of 1986 ) GENERAL DIVISION )

BETWEEN: SKANDA KUMARA SIDAMPARAM

Applicant

AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

CORAM : WILCOX J PLACE: SYDNEY DATE: 12 AUGUST 1986

EXTEMPORE REASONS FOR JUDGMENT

This is an application for a further extension of an interim order, made under s.15 of the Administrative Decisions (Judicial Review) Act 1977, restraining the respondent

_Minister for Immigration and Ethnic Affairs from taking any

steps to remove the applicant from Australia.

The applicant, Skanda Kumara Sidamparam, is a native of Sri Lanka being of Tamil extraction. Mr Sidamparam entered Australia on 21 July 1986 by aircraft arriving from Singapore. He travelled without an airline ticket or a visa for Australia. Upon arrival at Sydney Airport he made himself known to the authorities and was placed in custody pursuant to 8.36A of the Migration Act 1958 pending his removal from Australia pursuant to that section. Upon the same day he was interviewed by an officer of the Department of Immigration and Ethnic Affairs, Mr Collins. Mr Collins had the assistance of an interpreter during that interview. A lengthy record of interview was taken and in this record of interview the applicant indicated that he sought refugee status. He gave a considerable amount of material regarding his background and the circumstances under which he left Sri Lanka. It is not necessary for me to set this out in any detail. It is sufficient to say that the applicant is a married man aged 34 years. He had worked for the railways until some time in 1985. An incident had occurred in May 1985 when the home of his father, at which he resided with his wife and two children, was destroyed by the military, and there were various other incidents in which he had been involved in which violence had occurred. However, the latest incident involving the applicant appears to be the burning of the family home in May 1985 some 14 months before he left his village en route to