Kathiresan, Sivaganeshan v Minister for Immigration & Multicultural Affairs [1998] FCA 159

FEDERAL COURT OF AUSTRALIA MIGRATION - Refugee status - review of decision of Refugee Review Tribunal - whether tribunal failed to act according to "substantial justice" - findings on credibility - tribunal disbelieved applicant as to his identity - findings based on non-existent facts - whether baseless findings critical to decision - failure to inform applicant that identity was in issue - appropriate orders - ensuring that matter reheard by differently constituted tribunal. Migration Act 1958 (Cth) ss 36, 420, 421(2), 422(1)(b), 428, 460(2)(b), 460(3), 476(1)(a), 476(1)(g), 476(4)(b), 481(1)(b) Acts Interpretation Act 1901 (Cth) s 22(1)(a) Eshetu v Minister for Immigration and Multicultural Affairs (1997) 145 ALR 621 followed Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (unreported, Full Court of the Federal Court of Australia, 23 December 1997) followed Dev Anan Navaratne v Minister for Immigration and Multicultural Affairs (unreported, Federal Court of Australia, Tamberlin J, 1 August 1997) considered Thangarajah Thillainadarajah v Minister for Immigration and Multicultural Affairs (unreported, Federal Court of Australia, Heerey J, 3 December 1997) considered Thisanathan Thevanathan v Minister for Immigration and Multicultural Affairs (unreported, Federal Court of Australia, Sundberg J, 24 December 1997) considered Eric Emiantor v Minister for Immigration and Multicultural Affairs (unreported, Federal Court of Australia, Merkel J, 3 December 1997) considered Kopalapillai v Minister for Immigration and Multicultural Affairs (unreported, Federal Court of Australia, Merkel J, 24 December 1997) considered Minister for Immigration and Ethnic Affairs v Singh (1997) 144 ALR 284 followed SIVAGANESHAN KATHIRESAN V THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 305 of 1997 GRAY J MELBOURNE 4 MARCH 1998