Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
IMMIGRATION - review of decision of Refugee Review Tribunal - fear of persecution by LTTE - fear of persecution by Sri Lankan authorities - Tribunal adopted a series of assumptions in favour of applicants - alleged failure of Tribunal to give reasons - alleged failure of Tribunal to address central issues in applicant's case - alleged failure of Tribunal to engage in reasonable speculation Migration Act (Cth) 1948, ss 430(1)(b), 476(1)(a)
Re Minister for Immigration and Multicultural Affairs and Anor; Ex parte Abebe (1998) 151 ALR 711, applied Politis v Commissioner of Taxation (1988) 16 ALD 707 LALITHA PARATHAN AND ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
NG 1064 of 1998 MADGWICK J SYDNEY 7 DECEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY ng 1064 of 1998
BETWEEN: LALITHA PARATHAN
First Applicant
NADESWARAN PARATHAN
Second Applicant
NADES DHUVARAHAN PARATHAN
Third Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: MADGWICK
DATE OF ORDER: 7 DECEMBER 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The applications are dismissed. 2. The applicants are to pay the respondent's costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1064 of 1998
BETWEEN: LALITHA PARATHAN
First Applicant
NADESWARAN PARATHAN
Second Applicant
NADES DHUVARAHAN PARATHAN
Third Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: MADGWICK
DATE: 7 DECEMBER 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR:
I am of course acutely aware of the significance of this case for the applicants. The fact that I have chosen to decide the matter now, without needing to reserve my reasons, should not be taken to indicate that I have not seriously considered the matter or that I do not realise what an important issue it is for them. I have also had the benefit of reading the very helpful submissions of both parties.
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