Barrington v Minister for Immigration & Multicultural Affairs [1999] FCA 327

FEDERAL COURT OF AUSTRALIA

Barrington v Minister for Immigration & Multicultural Affairs [1999] FCA 327 IMMIGRATION – Refugee Review Tribunal – what constitutes compliance with the requirement to make a finding on material facts and give reasons – whether ambiguity in Tribunal reasons should be given a beneficial construction – whether certain "treatment" by the police in Sri Lanka constituted persecution

Migration Act 1958, s 430(1) Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 271-272 referred to Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 cited Khan v Minister for Immigration and Ethnic Affairs (Gummow J, 11 December 1987, unreported) cited Turner v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 388 cited

JOHAN FREDERICK RUDOLPH BARRINGTON v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 1401 of 1998 HILL J 29 MARCH 1999

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1401 OF 1998

BETWEEN: JOHAN FREDERICK RUDOLPH BARRINGTON

Applicant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGE: HILL J

DATE OF ORDER: 29 MARCH 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Application be dismissed. 2. The Applicant pay the Respondent's costs. 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 1401 OF 1998

BETWEEN: JOHAN FREDERICK RUDOLPH BARRINGTON

Applicant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGE: HILL J

DATE: 29 MARCH 1999