Kalansooriya v Minister for Immigration & Multicultural Affairs [1999] FCA 1258

FEDERAL COURT OF AUSTRALIA

Kalansooriya v Minister for Immigration & Multicultural Affairs [1999]

FCA 1258 MIGRATION – application for review of decision of Refugee Review Tribunal refusing protection visa – applicant's failure to appear – application determined ex parte Migration Act 1958 (Cth), ss 36(2), 65(1), 420(2)(b), 425(1), 430(1)(c), 476(1) Migration Regulations 1994 (Cth), reg 866.221

Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577, cited

DARSHANA PUBUDU KALANSOORIYA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 554 OF 1999 JUDGE: SACKVILLE J PLACE: SYDNEY DATE: 10 SEPTEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 554 OF 1999

BETWEEN: DARSHANA PUBUDU KALANSOORIYA

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: SACKVILLE J

DATE OF ORDER: 10 SEPTEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the proceedings.

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 554 OF 1999

BETWEEN: DARSHANA PUBUDU KALANSOORIYA

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: SACKVILLE J

DATE: 10 SEPTEMBER 1999

PLACE: SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

The Application 1 This is an application, pursuant to s 476(1) of the Migration Act 1958 (Cth) ("Migration Act"), to review a decision of the Refugee Review Tribunal ("RRT") made on 13 May 1999. The RRT affirmed a decision made by a delegate of the Minister on 7 July 1997, refusing to grant the applicant a protection visa.