Ratnam, Ila Constance v Minister for Immigration & Ethnic Affairs & Anor [1997] FCA 330

Federal Court of Australia

Document text

CATCHWORDS IMMIGRATION - Refugees - Application for refugee status - Well founded fear of persecution - Real chance of persecution test - Subjective and objective test - Migration Act 1958 (Cth) ss 420(2)(b), 476(1)(e), 476(1)(g) and 476(4)(a) ADMINISTRATIVE LAW - Judicial review - Whether incorrect application of the applicable law - Whether no evidence to justify the making the decision - Whether failure to observe the appropriate procedures Migration Act 1958 (Cth) ss 420(2)(b), 475, 476(1)(e), 476(1)(g), 476(4)(a), 486 Canada (Attorney-General) v. Ward [1993] 103 DLR (4th) 1 Briginshaw v. Briginshaw (1938) 60 CLR 336 Chan Yee Kin v. Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 Malec v. J.C. Hutton Pty Limited (1990) 169 CLR 638 Minister for Immigration & Ethnic Affairs v. Wu Shan Liang (1996) 185 CLR 259 ILA CONSTANCE RATNAM v. MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS AND REFUGEE REVIEW TRIBUNAL (constituted by Ms T HARPER) No. VG 29 of 1996 EMMETT J SYDNEY (HEARD IN MELBOURNE) 6 MAY 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No. VG 29 of 1996 ) GENERAL DIVISION )

BETWEEN: ILA CONSTANCE RATNAM Applicant AND: MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS AND: First Respondent REFUGEE REVIEW TRIBUNAL (constituted by Ms T HARPER) Second Respondent

CORAM: EMMETT J PLACE: SYDNEY (HEARD IN MELBOURNE) DATED: 6 May 1997

MINUTES OF ORDER The Court orders that: 1. The application be dismissed.

2. The applicant pay the respondent's costs.

Note: Settlement and entry of orders is dealt with in accordance with Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No. VG 29 of 1996 ) GENERAL DIVISION )

Read full text →

Official source

We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.

Not checked yet

Last checked with source on —

Open official source

Checking whether the official page can be embedded…

Study brief

Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.

Unknown

No study brief is cached for this law yet. Sign up to generate a plain-English brief.

You've got 21 of 22 free Acts left this visit. Sign up anytime for Facts, Related, and study briefs too.

Document text

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No. VG 29 of 1996 ) GENERAL DIVISION )

BETWEEN: ILA CONSTANCE RATNAM Applicant AND: MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS AND: First Respondent REFUGEE REVIEW TRIBUNAL (constituted by Ms T HARPER) Second Respondent

CORAM: EMMETT J PLACE: SYDNEY (HEARD IN MELBOURNE) DATED: 6 May 1997

MINUTES OF ORDER The Court orders that: 1. The application be dismissed.

2. The applicant pay the respondent's costs.

Note: Settlement and entry of orders is dealt with in accordance with Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No. VG 29 of 1996 ) GENERAL DIVISION )

Read full text →