Rajasundaram, Velumylum v The Minister for Immigration & Multicultural Affairs [1998] FCA 565

FEDERAL COURT OF AUSTRALIA MIGRATION LAW - Refugee application - Challenge to decision of Refugee Review Tribunal - Applicant Sri Lankan citizen of Tamil ethnicity - Claim of harassment by government authorities because of suspected financial support of LTTE - Three detention incidents claimed by applicant - Tribunal disbelieved claim concerning first incident - Tribunal accepted second and third detention incidents occurred but thought applicant may have exaggerated the physical mistreatment he had received - Tribunal found applicant had given money to LTTE and that government authorities suspected, but had no proof of, this - Failure of Tribunal to take account of the possibility of physical mistreatment and of the authorities' suspicions of payments. Migration Act 1958, ss 420 and 476 VELUMYLUM RAJASUNDARAM v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG1108 of 1997 JUDGE: WILCOX J PLACE: SYDNEY DATE: 29 MAY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG1108 of 1997

BETWEEN: VELUMYLUM RAJASUNDARAM

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: WILCOX J

DATE OF ORDER: 29 MAY 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The decision of the Refugee Review Tribunal made on 26 November 1997 be set aside.

2. The application of the applicant, Velumylum Rajasundaram, for a protection visa be remitted to the Refugee Review Tribunal to be reheard and determined according to law.

3. The respondent, the Minister for Immigration and Multicultural Affairs, pay the applicant's costs of this proceeding. 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 ng1108 of 1997