Velmurugu, Venayagamoorthy & Anor v Minister for Immigration & Ethnic Affairs & Anor [1997] FCA 1395

FEDERAL COURT OF AUSTRALIA IMMIGRATION - Appeal from decision upholding Refugee Review Tribunal refusing refugee status - anonymous letters - natural justice - failure to express a finding about the authorship of anonymous letters - interrelationship between s 420 and s 476 of the Migration Act - whether breach by the Tribunal of the procedures which the Act required it to follow - whether Tribunal erred in its interpretation of the applicable law. Freedom of Information Act 1982 (Cth) Migration Act 1958 (Cth) ss 420(1), 420(2), 420(2)(b), 438, 440, 476(1)(a), 476(1)(e) Eshetu v Minister for Immigration & Multicultural Affairs (1997) 145 ALR 621, appl VENAYAGAMOORTHY VELMURUGU & ANOR v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS & ANOR NG 496 of 1996 DAVIES, BURCHETT & WHITLAM JJ SYDNEY 5 NOVEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 496 of 1996

BETWEEN: VENAYAGAMOORTHY VELMURUGU

First Applicant

NAVAMALAR VELMURUGU

Second Applicant

AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

First Respondent

PAUL FERGUS SITTING AS THE REFUGEE REVIEW TRIBUNAL

Second Respondent

coram: DAVIES, BURCHETT & WHITLAM JJ.

DATE OF ORDER: 5 november 1997

WHERE MADE: SYDNEY

mINUTES OF ORDER

THE COURT ORDERS THAT: The appeal 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 496 of 1996

BETWEEN: VENAYAGAMOORTHY VELMURUGU

First Applicant

NAVAMALAR VELMURUGU

Second Applicant

AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

First Respondent

PAUL FERGUS SITTING AS THE REFUGEE REVIEW TRIBUNAL