Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kandasamy v Minister for Immigration & Multicultural Affairs [1999] FCA 1085 MIGRATION - application for judicial review of Refugee Review Tribunal decision refusing grant of a protection visa - applicant of Tamil ethnicity but citizen of Denmark - history of harassment by the Liberation Tigers of Tamil Eelam (LTTE) in Denmark accepted by the Tribunal - whether Tribunal's findings on availability of effective state protection in Denmark involved error of law - whether Tribunal's failure to make a material finding of fact about the stabbing of the applicant's flatmate by the LTTE constituted a breach of the requirements of s 430 of the Migration Act 1958 (Cth) - whether breach of s 430 gives rise to a ground of review under s 476(1)(a). Migration Act 1958 (Cth) ss 430, 476(1)(a), 476(1)(e) Voitenko v Minister for Immigration & Multicultural Affairs [1999] FCA 428 PREMENDRA KANDASAMY & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 379 of 1999 MOORE J SYDNEY 12 AUGUST 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 379 OF 1999
BETWEEN: PREMENDRA KANDASAMY & ORS
Applicant
AND: 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. The respondent pay the applicant's 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 N 379 OF 1999
BETWEEN: PREMENDRA KANDASAMY & ORS
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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