David v Minister for Immigration & Ethnic Affairs [1995] FCA 807

C A T C H W O R D S ADMINISTRATIVE LAW - Procedural fairness - Immigration - Refugee status application by Sri Lankan national of Tamil extraction - Appeal to Refugee Review Tribunal - Delay of six months between final submissions to Tribunal and decision - Political developments during that period which, in the opinion of Tribunal, tended against the conclusion that the applicant's fear of persecution was well-founded as at the date of decision - Failure of Tribunal to draw these matters to applicant's attention or afford opportunity to comment - Tribunal influenced by belief that applicant could relocate in safer part of Sri Lanka with assistance from relatives or friends - Relocation not raised at hearing or in submissions - No evidence as to availability of relatives or friends currently able and willing to assist relocation - Breach of obligation of procedural fairness. Administrative Decisions (Judicial Review) Act 1977, s5 Judiciary Act 1903, s39B KOMATHI DAVID v MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS No. NG238 of 1995 CORAM: WILCOX J PLACE: SYDNEY DATE: 12 OCTOBER 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) No. NG.238 of 1995 NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISION )

BETWEEN: KOMATHI DAVID Applicant

AND: MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS First Respondent ROSLYN SMIDT sitting as the REFUGEE REVIEW TRIBUNAL Second Respondent CORAM: WILCOX J PLACE: SYDNEY DATE: 12 OCTOBER 1995

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The decision of the Refugee Review Tribunal dated 10 March 1995 in relation to the appeal of Komathi David be set aside. 2. The matter be remitted to the said Tribunal for further determination. 3. The Minister for Immigration & Ethnic Affairs pay the applicant's costs of this proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.