Santhikumar v Minister for Immigration & Multicultural Affairs [1999] FCA 1082

FEDERAL COURT OF AUSTRALIA

Santhikumar v Minister for Immigration and Multicultural Affairs [1999] FCA 1082 MIGRATION - application for judicial review of Refugee Review Tribunal decision refusing the grant of protection visas - applicants citizens of Sri Lanka - claim by applicant of feared persecution because the authorities believe he is associated with the LTTE - similar claim made by applicant's mother-in-law as well as an additional fear of persecution arising from past extortion demands - Tribunal concluded the applicant was not a credible witness - whether the Tribunal failed to speculate on whether the applicants faced a real chance of persecution - whether the Tribunal adequately considered independent evidence about the current situation for Tamils in Sri Lanka - whether the Tribunal properly characterised the motivation behind the extortion demands made on the applicant's mother-in-law - whether the Tribunal was entitled to conclude that the applicant's mother-in-law would be able to safely relocate within Sri Lanka. Migration Act 1958 (Cth) ss 430, 476(1)(a), 476(1)(e), 476(1)(f) SUBRAMANIAM SANTHIKUMAR & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 1356 OF 1998 MOORE J SYDNEY 12 AUGUST 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1356 OF 1998

BETWEEN: SUBRAMANIAM SANTHIKUMAR & ORS

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGE: MOORE J

DATE OF ORDER: 12 AUGUST 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application is 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 1356 OF 1998

BETWEEN: SUBRAMANIAM SANTHIKUMAR & ORS