Sellamuthu v Minister for Immigration & Multicultural Affairs [1999] FCA 247

FEDERAL COURT OF AUSTRALIA

Sellamuthu v Minister for Immigration & Multicultural Affairs [1999] FCA 247 IMMIGRATION - refugee status claimed - applicant young male Sri Lankan Tamil - questions of possible persecution on account of race and/or perceived support of "Tamil Tigers" - applicant's claims of torture by Sri Lankan Army disbelieved by Refugee Review Tribunal - Tribunal did not accept that all Tamils liable to racial persecution - failure to deal with material not dependent on applicant's credibility - meaning of Tribunal's obligation to "review" primary decision - obligation to consider all substantial claims and relevant information in support of them - procedures required may be impliedly as well as expressly required - constructive failure to exercise jurisidiction - obligation of Tribunal to make as well as "set out" findings on material questions of fact - "reasonableness" of itself not a ground of review

Migration Act 1958 (Cth): ss 56, 57, 60, 414, 415, 423, 424, 425, 427, 428, 430, 476(1)(a), 476(1)(c), 476(1)(e) Minister for Immigration and Multicultural Affairs v Guo (1997) 191 CLR 559 Sinclair v Maryborough Mining Warden (1975) 132 CLR 473 Paramananthan v Minister for Immigration & Multicultural Affairs (1998) 160 ALR 24 Logenthiran v Minister For Immigration & Multicultural Affairs [1998] FCA 1691 SELLAMUTHU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 1269 OF 1998 WILCOX, HILL AND MADGWICK J 19 MARCH 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1269 OF 1998

ON APPEAL FROM A SINGLE JUDGE OF

THE FEDERAL COURT OF AUSTRALIA

BETWEEN: UTHAYACHANDRA SELLAMUTHU

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: WILCOX, HILL AND MADGWICK JJ