Navaratne, Dev Anan v Minister for Immigration & Multicultural Affairs [1997] FCA 713

FEDERAL COURT OF AUSTRALIA MIGRATION - application for review of decision of Refugee Review Tribunal ("RRT") that applicant is not a refugee - whether error of law - adverse findings by RRT as to applicant's credibility and authenticity of documents submitted by applicant - whether sufficient evidence before RRT to make such findings - whether RRT should have taken further steps to verify authenticity of documents - nature of proceedings before RRT - whether RRT failed to correctly apply the "real chance" test - whether RRT failed to consider applicant's particular circumstances - whether RRT failed to act according to substantial justice

Migration Act 1958 (Cth), s 420, 476(1)(e) Convention Relating to the Status of Refugees, Art 1

Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, cited Abalos v Australian Postal Commission (1990) 171 CLR 167, applied Minister for Immigration and Ethnic Affairs v Wu (1996) 185 CLR 259, cited Ozmanian v Minister for Immigration, Local Government and Ethnic Affairs (1996) 137 ALR 103, cited Minister for Immigration, Local Government and Ethnic Affairs v Immigration Review Tribunal (1993) 41 FCR 71, cited Guo Wei Rong v Minister for Immigration and Ethnic Affairs (1995) 38 ALD 38, cited Eshetu v Minister for Immigration and Ethnic Affairs (unreported, 10 July 1997, Full Federal Court), cited DEV ANAN NAVARATNE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and REFUGEE REVIEW TRIBUNAL NO VG 344 OF 1996 TAMBERLIN J SYDNEY (HEARD IN MELBOURNE) 1 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VG 344 of 1996 ) GENERAL DIVISION )

BETWEEN: DEV ANAN NAVARATNE

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS