Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tharmalingam v Minister for Immigration & Multicultural Affairs [[1999] FCA 559
ADMINISTRATIVE LAW – review of decision of Refugee Review Tribunal – application for protection visa.
Migration Act 1958, ss 420, 425(1)(b), 476(1)(e), 476(1)(g), 476(4)(a) Thiyagarajah v Minister for Immigration and Multicultural Affairs (1997) 143 ALR 118, cited Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543, considered Karthigesu Rajendran v Minister for Immigration and Multicultural Affairs, unreported, Federal Court, Mansfield J, 4 May 1998, cited
YOGARAJAH THARMALINGAM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
NG 1192 OF 1998
JUDGE: BEAUMONT J.
DATE: 20 APRIL 1999
PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1192 OF 1998
BETWEEN: YOGARAJAH THARMALINGAM
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: BEAUMONT J
DATE OF ORDER: 20 APRIL 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The application be dismissed, with 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 1192 OF 1998
BETWEEN: YOGARAJAH THARMALINGAM
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: BEAUMONT J
DATE: 20 APRIL 1999
PLACE: SYDNEY
REASONS FOR JUDGMENT
BEAUMONT J:
INTRODUCTION 1 This is an application for review of a judicially reviewable decision, brought pursuant to s 476 of the Migration Act 1958 (Cth) ("the Act"), to review the decision of the Honourable Peter Nygh, acting Principal Member of the Refugee Review Tribunal ("the Tribunal"), that the applicant is not a person to whom Australia owes protection obligations pursuant to the Convention on the Status of Refugees 1951 ("the Convention"). 2 The applicant is a Sri Lankan citizen who arrived in Australia on 12 January 1996.
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