Rajamanikkam v Minister for Immigration & Multicultural Affairs [1999] FCA 1411

FEDERAL COURT OF AUSTRALIA Rajamanikkam v Minister for Immigration & Multicultural Affairs [1999] FCA 1411 MIGRATION – appeal from refusal of Refugee Review Tribunal to grant protection visas – Sri Lankan Tamils – whether the Tribunal erred in law in rejecting application on the basis of factual inconsistencies and credibility – determination that applicant concocted primary claims – issues of language, misinterpretation, misunderstandings and applicant's memory – effect on judicial review of failure by Tribunal to set out in its decision its reasons and findings on material questions of fact as required by s 430(1) – meaning and extent of s 425 requiring Tribunal to invite the applicant to "present arguments relating to the issues arising in relation to the decision under review"

Migration Act 1958 (Cth), ss 425, 430(1), 476 (1)(a), 476 (1)(e), (1)(g), (4)(b) Lowerson v Repatriation Commission [1994] 50 FCR 252, cited Abebe v Commonwealth [1999] 162 ALR 1, cited Minister for Immigration & Multicultural Affairs v Eshetu [1999] 162 ALR 577, applied Minister for Immigration & Multicultural Affairs v Cho [1999] FCA 946, applied Sun Zhan Qui v Minister for Immigration & Multicultural Affairs [1997] FCA 324, applied Thevendram v Minister for Immigration & Multicultural Affairs [1999] FCA 182, applied Sellamuthu v Minister for Immigration & Multicultural Affairs [1999] FCA 247, applied

NADARASA RAJAMANIKKAM & BALAMBIKAI RAJAMANIKKAM v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS NG 1133 OF 1998 EINFELD J 19 NOVEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1133 OF 1999

BETWEEN: NADARASA RAJAMANIKKAM AND BALAMBIKAI RAJAMANIKKAM

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent