Hettige v Minister for Immigration & Multicultural Affairs [1999] FCA 1084

FEDERAL COURT OF AUSTRALIA

Hettige v Minister for Immigration & Multicultural Affairs [1999] FCA 1084

MIGRATION - application for judicial review of Refugee Review Triunal decision refusing grant of a protection visa - applicant is a citizen of Sri Lanka and his wife is a citizen of Malaysia - whether Tribunal's approach to factual claims raised by the applicant involved error of law - whether the Tribunal failed to give the applicant to opportunity to appear before it and given evidence as comprehended by the then s 425 of the Migration Act 1958 (Cth) - whether Tribunal's failure to make a finding on a material question of fact was in breach of s 430(1)(c) of the Act - Tribunal expressed substantial doubt about whether the incident occurred but did not make a finding that the incident did not occur - whether this failure satisfies the ground of review available under s 476(1)(a) of the Act. Migration Act 1958 (Cth) ss 425, 430(1)(c), 476(1)(a), 476(1)(e) Minister for Immigration & Multicultural Affairs v Cho [1999] FCA 946 Hussein v Minister for Immigration & Multicultural Affairs [1999] FCA 288

JANAKA HETTIGE & ANOR v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 420 of 1999 MOORE J SYDNEY 12 AUGUST 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 420 OF 1999

BETWEEN: JANAKA HETTIGE & ANOR

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: MOORE J

DATE OF ORDER: 12 AUGUST 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal is set aside. 2. The matter is referred to the Refugee Review Tribunal for further consideration according to law. 3. Respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.