Arudselvan v Minister for Immigration & Multicultural Affairs [1999] FCA 622

FEDERAL COURT OF AUSTRALIA Arudselvan v Minister for Immigration & Multicultural Affairs [1999] FCA 622 MIGRATION - application for protection visa - application for review of decision of Refugee Review Tribunal - whether Tribunal failed in duty to give reasons for preference for evidentiary material upon which it relied in rejecting applicant's claims of detention - whether Tribunal failed in duty to give reasons for rejecting applicant's submission as to effect of contrary evidentiary material - whether Tribunal based decision on existence of particular fact which did not exist - whether no evidence or other material to justify making of Tribunal's decision - whether Tribunal failed in duty to give reasons for accepting particular evidentiary material regarding current situation in applicant's country of nationality. Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(3)(b) Migration Act 1958 (Cth) ss 5(1), 36, 415(1), 475(1)(b), 476(1)(g), 476(4), 486 Migration Regulations Sch 2, Subclass 866--Protection Nagaratnam v Minister for Immigration and Multicultural Affairs (1999) 84 FCR 569, cited Dennis Willcox Pty Ltd v Federal Commissioner of Taxation (1988) 79 ALR 267, cited Brackenreg v Comcare Australia (1995) 56 FCR 335, distinguished Logenthiran v Minister for Immigration and Multicultural Affairs (Wilcox, Lindgren and Merkel JJ; unreported; 21 December 1998), cited Sellamuthu v Minister for Immigration & Multicultural Affairs [1999] FCA 247 (Wilcox, Hill and Madgwick JJ; unreported; 19 March 1999), cited Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402, followed Ahmed v Minister for Immigration and Multicultural Affairs [1999] FCA 811 (Lee, Branson and Marshall JJ; unreported; 21 June 1999), cited Doss v Minister for Immigration & Multicultural Affairs [1999] FCA 979 (Beaumont J; unreported; 9 July 1999), cited Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212, discussed Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, cited Yilan v Minister for Immigration and Multicultural Affairs [1999] FCA 854 (French, RD Nicholson and Finkelstein JJ; unreported; 25 June 1999), followed Chopra v Minister for Immigration and Multicultural Affairs [1999] FCA 480 (Lee, Whitlam and Weinberg JJ; unreported; 23 April 1999), followed AJIT PRABAHARAN ARUDSELVAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 1388 of 1998 KATZ J SYDNEY 9 AUGUST 1999