Rajenthiram v Minister for Immigration & Multicultural Affairs [1999] FCA 432

FEDERAL COURT OF AUSTRALIA

Rajenthiram v Minister for Immigration [1999] FCA 432 MIGRATION – Migration Act 1958 (Cth) – review of decision of Refugee Review Tribunal ("the Tribunal") – whether Tribunal erred in its approach to the assessment of the applicant's credibility – whether Tribunal's findings and conclusions on the applicant's credibility are open to review – whether imputed political opinion. Migration Act 1958 (Cth), ss 36(2), 420, 476 Kopalapillai v Minister for Immigration and Multicultural Affairs [1998] FCA 1126, followed Emiantor v Minister for Immigration and Multicultural Affairs [1998] FCA 1186, followed Careem v Minister for Immigration and Multicultural Affairs [1999] FCA 378, followed SUJANTHAN RAJENTHIRAM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 1246 of 1998

BRANSON J SYDNEY 14 APRIL 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1246 of 1998

BETWEEN: SUJANTHAN RAJENTHIRAM

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: BRANSON J

DATE OF ORDER: 14 APRIL 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The decision of the Refugee Review Tribunal be affirmed. 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 1246 of 1998

BETWEEN: SUJANTHAN RAJENTHIRAM

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: BRANSON J

DATE: 14 APRIL 1999

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 The applicant is a 20 year old citizen of Sri Lanka of Tamil ethnicity who arrived in Sydney on 21 July 1998. The applicant arrived with a Sri Lankan passport but with no visa to enter Australia. Upon his arrival the applicant was interviewed at Sydney Airport by an Immigration Inspector. 2 He was subsequently detained at Villawood Detention Centre. The applicant lodged an application for a protection visa on 28 July 1998, which was refused by a delegate of the Department of Immigration and Multicultural Affairs ("the Department") on 31 August 1998. On 9 September 1998 the applicant applied to the Refugee Review Tribunal ("the Tribunal") for a review of the Department's decision to refuse to grant him a protection visa. The application for review was heard by the Tribunal on 27 October 1998. On that occasion the applicant had the assistance of lawyers. 3 On 9 November 1998, the Tribunal affirmed the Department's decision not to grant to the applicant a protection visa. On 18 November 1998 the applicant lodged an application in this Court for judicial review of the decision of the Tribunal. 4 Section 36(2) of the Migration Act 1958 (Cth)("the Act")provides that a criterion for the grant of a protection visa is that the applicant is a non-citizen in Australia to whom Australia has protection obligations under the Convention Relating to the Status of Refugees as amended by the Protocol relating to the Status of Refugees (" the Convention"). Article 1A(2) of the Convention defines a refugee, so far as is here relevant, as any person who, "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it."