Sivalingam, Sujeendran v The Minister for Immigration & Multicultural Affairs [1998] FCA 157

FEDERAL COURT OF AUSTRALIA

MIGRATION - Protection visa - review of Refugee Tribunal determination that applicant not a refugee - Article 1A(2) of Convention Relating to the Status of Refugees - whether "well‑founded fear" of persecution on objective facts - role of Court when considering findings on credibility. PRACTICE AND PROCEDURE - whether error by Tribunal for failure to refer to evidence in reasons.

Migration Act 1958 (Cth): Pt 8 ss 420(2)(b), 476(1)(e) Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 applied Minister for Immigration and Ethnic Affairs v Wu Sha Liang (1996) 185 CLR 259 applied Minister for Immigration and Ethnic Affairs v Guo (1997) 144 ALR 567 applied Guo v Minister for Immigration and Multicultural Affairs (1996) 64 FCR 151 considered Kopalapillai v Minister for Immigration and Multicultural Affairs (unreported, Merkel J, 24 December 1997) considered Navaratne v Minister for Immigration and Multicultural Affairs (unreported, Tamberlin J, 1 August 1997) considered Emiantor v Minister for Immigration and Multicultural Affairs (unreported, Merkel J, 3 December 1997) considered Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 136 ALR 84 applied Sun Zhan Qui v Minister for Immigration and Multicultural Affairs (unreported, Wilcox, Burchett & North JJ, 23 December 1997) distinguished SUJEENDRAN SIVALINGAM v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 472 of 1997 GOLDBERG J MELBOURNE 5 MARCH 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 472 of 1997

BETWEEN: SUJEENDRAN SIVALINGAM

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 5 MARCH 1998

WHERE MADE: MELBOURNE