Kopalapillai, Sutharsan v Minister for Immigration & Multicultural Affairs [1998] FCA 1126

FEDERAL COURT OF AUSTRALIA MIGRATION - appeal from decision of judge of Court exercising jurisdiction of the Court to review a decision of the Refugee Review Tribunal ("RRT") – whether procedures required by the Migration Act or Migration Regulations to be observed were observed by the RRT – whether the approach of the RRT to its task of assessing the credibility of the story told by the appellant involved an error of law – whether the RRT failed properly to give consideration to whether the appellant held a well-founded fear of being persecuted for reasons of imputed political opinion by reason of his age and ethnicity

Migration Act 1958 (Cth) ss 31, 36, 420, 475, 476

Migration Regulations Craig v South Australia (1995) 184 CLR 163, cited Chan v Minister for Immigration and Ethnic Affairs (1989) 189 CLR 379, cited Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300, considered Guo v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 151, cited Abalos v Australian Postal Commission (1990) 171 CLR 167, cited Devries v Australian National Railways Commission (1993) 177 CLR 472, cited Attorney-General (NSW) v Quin (1990) 170 CLR 1, cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, cited Emiantor v The Minister for Immigration and Multicultural Affairs (Full Court of the Federal Court of Australia, Merkel J, unreported, 3 December 1997), cited Emiantor v The Minister for Immigration and Multicultural Affairs (Federal Court of Australia, unreported, 20 July 1998), followed Aguilera-Cota v Immigration and Naturalization Service 914 F.2d 1375 (1990); cited Ramirez Rivas v Immigration and Naturalization Service 899 F.2d 864 (1990); cited Diaz-Escobar v Immigration and Naturalization Service 782 F.2d1488 (1986); cited Arteaga v Immigration and Naturalization Service 836 F.2d 1227 (1988); cited