Selliah v Minister for Immigration & Multicultural Affairs [1999] FCA 615

FEDERAL COURT OF AUSTRALIA

Selliah v Minister for Immigration & Multicultural Affairs [1999] FCA 615 MIGRATION – appeal from a decision of a single judge dismissing the application against the decision of the RRT not to grant a protection visa – Sri Lankan national of Tamil extraction – whether Tribunal could rely on inconsistency between statements made upon arrival and at the interview to ascertain creditworthiness – whether the tandem hearing of the Tribunal affected the ultimate result of the application – whether there was a failure to comply with section 429 of the Migration Act 1958 (Cth) – whether the Tribunal incorrectly interpreted the test for a "well founded fear" of persecution – whether the Tribunal ought to have made a finding as to the appellant's subjective fear.

Migration Act 1958 (Cth) Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 followed Eshetu v The Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300 referred to

Sun Zhan Qui v The Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505 referred to/followed Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed Minister for Immigration and Ethnic Affairs v Guo & Anor (1997) 144 ALR 567 followed Abebe v Minister for Immigration and Multicultural Affairs (unreported High Court 14 April 1999) followed State Rail Authority of NSW v Earthline Constructions Pty Ltd [1999] 73 ALJR 306 followed

SEEVARAJAH SELLIAH V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

VG 178 OF 1998

EINFELD, NORTH & EMMETT JJ

MELBOURNE

12 MAY 1999 IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 178 OF 1998

ON APPEAL FROM A SINGLE JUDGE OF THE

FEDERAL COURT OF AUSTRALIA

BETWEEN: SEEVARAJAH SELLIAH

Applicant