Muralidharan, Subramanian v Minister for Immigration and Ethnic Affairs and Anor [1995] FCA 754

CATCHWORDS ADMINISTRATIVE LAW - judicial review - improper exercise of power - alleged failure to take into account relevant considerations - decision-maker not required expressly to refer to every piece of evidence. Administrative Decisions (Judicial Review) Act 1977, s 5(1)(e),(2)(b) Li Shi Ping v Minister for Immigration, Local Government and Ethnic Affairs (1994) 35 ALD 225 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 SUBRAMANIAN MURALIDHARAN v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS and ANOR No. NG 293 of 1994 Coram: Whitlam J Place: Sydney Date: 19 September 1995 IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY) NG 293 of 1994 ) GENERAL DIVISION ) SUBRAMANIAN MURALIDHARAN Applicant MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS First Respondent MARTIN TSAMENYI constituting the REFUGEE REVIEW TRIBUNAL Second Respondent Coram: Whitlam J Place: Sydney Date: 19 September 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 293 of 1994 ) GENERAL DIVISION ) SUBRAMANIAN MURALIDHARAN Applicant MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS First Respondent MARTIN TSAMENYI constituting the REFUGEE REVIEW TRIBUNAL Second Respondent Coram: Whitlam J Place: Sydney Date: 19 September 1995 REASONS FOR JUDGMENT The applicant applies under s 5 of the Administrative Decisions (Judicial Review) Act 1977 to review a decision of the second respondent, the Refugee Review Tribunal ("the Tribunal"). The subject of the application is the decision of the Tribunal made on 19 April 1994 affirming the primary decision of a delegate of the first respondent ("the Minister") that the applicant was not a refugee under the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 ("the Refugees Convention") as amended by the Protocol relating to the Status of Refugees done at New York on 31 January 1967 ("the Refugees Protocol").