Federal Court of Australia
FEDERAL COURT OF AUSTRALIA MIGRATION – appeal – primary judge's dismissal of application to Court by refugee-claimant for review of unfavourable decision of Refugee Review Tribunal – Sri Lankan Tamil – failure of Tribunal to deal with claims made by refugee-claimant of two instances of arrest, detention, interrogation and torture shortly before he left Sri Lanka – failure to comply with procedure laid down by s 430 of Migration Act 1958 (Cth). Migration Act 1958 (Cth) ss 430, 476 (1) (a)
Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402, referred to
selvarajaH logenthiran v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
ng 532 OF 1998
wilcox, lindgren, merkel jj
sydney
21 DECEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 532 of 1998
on appeal from a judge of the federal court of australia
BETWEEN: SELVARAJAH LOGENTHIRAN
AppELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGEs: WILCOX, LINDGREN, MERKEL JJ
DATE OF ORDER: 21 DECEMbER 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. the appeal be allowed; 2. the order made on 15 May 1998 in proceeding NG 916 of 1997 be set aside and, in lieu thereof, it be ordered that the appellant's application for a protection visa be remitted to the Refugee Review Tribunal, differently constituted, for reconsideration and determination according to law and that the respondent pay the applicant's costs of that proceeding; 3. the respondent pay the appellant's costs of the appeal. 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 NG 532 of 1998
on appeal from a judge of the federal court of australia
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