Somaskandan v Minister for Immigration & Multicultural Affairs [1999] FCA 1459

FEDERAL COURT OF AUSTRALIA

Somaskandan v Minister for Immigration & Multicultural Affairs

[1999] FCA 1459

IMMIGRATION – refugees – Refugee Review Tribunal – whether Tribunal obliged to make express finding on subjective fear of persecution – whether Tribunal had correctly applied the law to the facts – whether Tribunal had set out its findings on whether the applicant had a well founded fear of persecution – whether the Tribunal had adequately set out its reasons and adequately referred to the evidence or other material on which its findings of fact were based.

Thevendram v Minister for Immigration and Multicultural Affairs [1998] FCA 662 applied Chen v Minister for Immigration and Multicultural Affairs [1999] FCA 1022 applied Emiantor v Minister for Immigration and Multicultural Affairs and Okah v Minister for Immigration and Multicultural Affairs [1998] FCA 1186 applied Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Mohamed v Minister for Immigration and Multicultural Affairs (1998) 83 FCR 234 applied

KUHAPRIYA SOMASKANDAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

W 39 of 1999

CARR J

22 OCTOBER

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 39 OF 1999

BETWEEN: KUHAPRIYA SOMASKANDAN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 22 OCTOBER 1999

WHERE MADE: PERTH

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

WESTERN AUSTRALIA DISTRICT REGISTRY W 39 OF 1999