Minister for Immigration & Multicultural Affairs v Ramalingam [1999] FCA 451

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Ramalingam

[1999] FCA 451 MIGRATION – application for review of decision of Refugee Review Tribunal remitting respondent's application for protection visa for reconsideration – error of law – respondent a Sri Lankan national – respondent's German residency visa expired – whether respondent a person to whom Australia owed protection obligations WORDS AND PHRASES – "protection obligations" – "effective protection" Migration Act 1958 (Cth) s 36(2) Convention Relating to the Status of Refugees 1951 Art 1E and Art 33(1) Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 applied Minister for Immigration and Multicultural Affairs v Gnanapiragasam (Federal Court of Australia, Weinberg J, 25 September 1998, unreported) applied Minister for Immigration and Multicultural Affairs v Kabail [1999] FCA 344applied Rajendran v Minister for Immigration and Multicultural Affairs (Federal Court of Australia, Mansfield J, 4 May 1998, unreported) cited Rajendran v Minister for Immigration and Multicultural Affairs (Federal Court of Australia, von Doussa, O'Loughlin and Finn JJ, 4 September 1998, unreported) cited THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v KARUNANITHY RAMALINGAM NG 621 OF 1998 LEHANE J 19 APRIL 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 621 OF 1998

BETWEEN: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Applicant

AND: KARUNANITHY RAMALINGAM

Respondent

JUDGE: LEHANE J

DATE OF ORDER: 19 APRIL 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The decision of the Refugee Review Tribunal dated 27 May 1998 be set aside.

2. The matter be remitted to the Refugee Review Tribunal, differently constituted, for determination according to law.