Tharmalingam v Minister for Immigration & Multicultural Affairs [1999] FCA 1180

6FEDERAL COURT OF AUSTRALIA

Tharmalingam v Minister for Immigration & Multicultural Affairs

[1999] FCA 1180

IMMIGRATION - Protection Visa - Convention Relating to Status of Refugees 1951 - Asylum seeker recognised as refugee in France - whether owed protection obligations by Australia under the convention - whether right of re-entry to France has been lost - nature of evidence on which Refugee Review Tribunal can decide that question - whether apparent loss of right to re-enter France by effluxion of time after decision of Refugee Review Tribunal enables Court to remit matter for further consideration by Tribunal.

Migration Act 1958 ss 48B, 417, 476(4)(a)

Convention on the Status of Refugees 1951

Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 applied

Minister for Immigration and Multicultural Affairs v Thiyagarajah (Supplementary Reasons for Judgment, unreported 4 March 1998) referred to

Sellamuthu v Minister for Immigration and Multicultural Affairs [1999] FCA 247 (unreported, 19 March 1999) distinguished

Reg. v Home Secretary; Ex parte Cambolat [1997] 1 WLR 1569 referred to.

YOGARAJAH THARMALINGAM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 411 of 1999

RYAN, TAMBERLIN and MADGWICK JJ

SYDNEY 26 AUGUST 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 411 OF 1999

ON APPEAL FROM A SINGLE JUDGE

OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: YOGARAJAH THARMALINGAM

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: RYAN, TAMBERLIN and MADGWICK JJ

DATE OF ORDER: 26 AUGUST 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the respondent's costs of the appeal, such costs to be taxed in default of agreement.