Selliah v The Minister for Immigration & Multicultural Affairs [1998] FCA 414

FEDERAL COURT OF AUSTRALIA CITIZENSHIP AND MIGRATION - application for protection visa - whether Tribunal entitled to certain findings of fact - whether Tribunal failed to accord substantial justice - whether "tandem" hearing breached statutory requirements - whether "real chance" test misapplied. Migration Act 1958 (Cth), ss 420(1), 420(2)(b), 429, 439, 476(1)(a), 476(1)(e), Guo v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 151, referred to Kathiresan v Minister for Immigration and Multicultural Affairs (Gray J, Federal Court of Australia, 4 March 1988, unreported), referred to Mensah v Minister for Immigration and Ethnic Affairs (Lindgren J, Federal Court of Australia, 31 October 1997, unreported), referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang & Ors (1996) 185 CLR 59, referred to SEEVARAJAH SELLIAH v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 471 of 1997 R D NICHOLSON J PERTH (HEARD IN MELBOURNE) 24 APRIL 1998

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 471 of 1997

BETWEEN: SEEVARAJAH SELLIAH

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: R D NICHOLSON

DATE OF ORDER: 24 APRIL 1998

WHERE MADE: perth (HEARD IN MELBOURNE)

THE COURT ORDERS THAT: 1. The application for review be dismissed. 2. Costs reserved for submission. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA

vICTORIA DISTRICT REGISTRY VG 471 of 1997

BETWEEN: SEEVARAJAH SELLIAH

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: R D NICHOLSON

DATE: 24 APRIL 1998

PLACE: perth (HEARD IN MELBOURNE)