Sellamuthu, Utayachandra v Minister for Immigration & Multicultural Affairs [1998] FCA 1423

FEDERAL COURT OF AUSTRALIA MIGRATION - review Refugee Review Tribunal - application for protection visa - whether well-founded fear - Sri Lankan Tamil - whether real chance of persecution - whether error in assessment of psychological evidence - post traumatic stress disorder - whether failure to act with substantial justice and merit - whether findings on credibility were rationally supported by probative evidence

Migration Act 1958 (Cth) ss 476(1)(e) 1951 Convention Relating to the Status of Refugees Article 1A(2)

Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied

Paramanathan v Minister for Immigration and Multicultural Affairs (unreported, Davies J, 15 May 1998) cited

Minister for Immigration and Ethnic Affairs v Guo (1997) 144 ALR 567 followed

Emiantor v Minister for Immigration and Multicultural Affairs (1997) 48 ALD 635 cited

Selliah v Minister for Immigration and Multicultural Affairs, (unreported, Nicholson J, 24 April 1998) cited

Damir v Minister for Immigration and Multicultural Affairs (unreported, Ryan J, 19 October 1998) cited

Chand v Minister for Immigration and Ethnic Affairs (unreported, Full Court, Von Doussa, Moore & Sackville JJ, 7 November 1997) considered

Thanh Phat Ma v Billings & Anor (1996) 142 ALR 158 followed

Chamberlain v R (1983) 153 CLR 521 cited

Fuduche v Minister for Immigration (1993) 45 FCR 515 discussed

Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505 discussed

Guo v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 151 considered

Kopalapillai v Minister for Immigration and Multicultural Affairs, (unreported, Full Court, O'Connor, Branson & Marshall JJ, 8 September 1998) considered

Navaratne v Minister for Immigration and Multicultural Affairs (unreported, Tamberlin J, 1 August 1997) cited