Pandari, Rajakkannu v Minister for Immigration & Ethnic Affairs [1998] FCA 1698

FEDERAL COURT OF AUSTRALIA

Migration - Application for review of decision by the Refugee Review Tribunal refusing grant of a protection visa – whether Tribunal erred in law in assessing the applicant's credibility –whether reasoning of Tribunal was irrational – whether Tribunal should have put doubts about applicant's evidence to him.

Migration Act 1958 (Cth), ss 36(2), 420(1), 476(1)(a), 476(1)(b), 476(1)(e), 476(1)(g). Convention Relating to the Status of Refugees, Article 1A(2). Eshetu v Minister for Immigration and Ethnic Affairs (1997) 71 FCR 300, followed. Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505, cited. Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, cited. Epeabaka v Minister for Immigration and Ethnic Affairs (1997) 150 ALR 397, cited. Kopalapillai v Minister for Immigration and Ethnic Affairs, unreported, 8 September 1998, FCA/ FC, 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. Navaratne v Minister for Immigration and Ethnic Affairs, unreported, 1 August 1997, Tamberlin J, cited. Chemaly v Minister for Immigration and Ethnic Affairs, unreported, 26 October 1998, Sackville J, cited. Singh v Minister for Immigration and Ethnic Affairs, unreported, 29 October 1998, Weinberg J, distinguished. Kathiresan v Minister for Immigration and Ethnic Affairs, unreported, 4 March 1998, Gray J, distinguished. Commissioner for Australian Capital Territory v Alphaone Pty Ltd (1994) 49 FCR 576, followed. Laycock v Forbes (1997) 150 ALR 186, cited.

RAJAKKANNU PANDARI v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS NG 745 of 1998

SACKVILLE J SYDNEY 23 DECEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 745 of 1998