Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Muthukuda v Minister for Immigration & Multicultural Affairs [1999] FCA 1499 CREEDA IRENE MUTHUKUDA & ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 468 of 1998 WEINBERG J 1 NOVEMBER 1999 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 468 OF 1998
BETWEEN: CREEDA IRENE MUTHUKUDA
First Applicant
MEVAN RAJENDA ABEYARAMA
Second Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: WEINBERG J
DATE OF ORDER: 1 NOVEMBER 1999
WHERE MADE: MELBOURNE
CORRIGENDUM Amendment to the Reasons for Judgment of Weinberg J delivered on 1 November 1999. Catchwords page "Migrations Regulations 1994 (Cth) Sch 2" should read "Migration Regulations 1994 (Cth) Sch 2". Associate to Justice Weinberg 11 November 1999
FEDERAL COURT OF AUSTRALIA
Muthukuda v Minister for Immigration & Multicultural Affairs
[1999] FCA 1499 MIGRATION – refugees – appeal from decision of RRT refusing application for refugee status – fact finding by RRT – so-called "what if I am wrong?" test an aspect of determining whether an applicant has a well-founded fear of persecution – whether RRT rejected applicants' allegations of having been threatened – whether RRT engaged in requisite process of speculation as to likelihood of future persecution – whether RRT's reasons adequate. WORDS AND PHRASES – "what if I am wrong?". Migration Act 1958 (Cth) ss 430, 476(1)(a) and (e)
Migrations Regulations 1994 (Cth) Sch 2 Eshetu v Minister for Immigration and Ethnic Affairs (1999) 162 ALR 577 referred to Abebe v The Commonwealth (1999) 162 ALR 1 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 291-3 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Saliba v Minister for Immigration and Multicultural Affairs (1998) 159 ALR 247 referred to Applicant A v Minister for Immigration and Ethnic Affairs(1997) 190 CLR 225 referred to Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402 at 414 referred to Minister for Immigration and Multicultural Affairs v Rajalingham [1999] FCA 719 at pars 46-50, 60-67 applied
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