Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fernando v Minister for Immigration & Multicultural Affairs
[1999] FCA 380
IMMIGRATION – refugee application – review of decision of Refugee Review Tribunal – claim of well-founded fear of persecution on basis of being victims of terrorism – alternatively on basis of governmental persecution due to association with former opposition party – Tribunal disbelieved applicants – whether error of law.
Migration Act 1958 (Cth), s 476
Minister for Immigration and Ethnic Affairs v Guo Wei Rong (1997) 191 CLR 559 referred to
Jairo Londono-Castaneda v Minister for Immigration and Multicultural Affairs [1999] FCA 230 referred to
Kopalapillia v Minister for Immigration and Multicultural Affairs [1998] FCA 1126 referred to
SUDESH PRIYANGA KAHAPOLA ARACHCHIGE FERNANDO and MANOH THARANGA KAHAPOLA ARACHCHIGE FERNANDO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
WAG 124 of 1998
CARR J
PERTH
23 MARCH 1999
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAG 124 of 1998
BETWEEN: SUDESH PRIYANGA KAHAPOLA ARACHCHIGE FERNANDO and MANOH THARANGA KAHAPOLA ARACHCHIGE FERNANDO
Applicants
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 23 MARCH 1999
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants 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
WESTERN AUSTRALIA DISTRICT REGISTRY WAG 124 of 1998
BETWEEN: SUDESH PRIYANGA KAHAPOLA ARACHCHIGE FERNANDO and MANOH THARANGA KAHAPOLA ARACHCHIGE FERNANDO
Applicants
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE: 23 MARCH 1999
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