Arumugasamy v Minister for Immigration & Multicultural Affairs [1999] FCA 1554

FEDERAL COURT OF AUSTRALIA

Arumugasamy v Minister for Immigration & Multicultural Affairs [1999] FCA 1554 IMMIGRATION – error of law – procedural error in failure to make findings – application for review of decision of Refugee Review Tribunal refusing to grant protection visa – whether alleged persecution was for a Convention reason – whether social group an artificial construct based only on persecution of members for a non-Convention reason – whether error of law in failure to consider if conduct amounted to persecution – whether inconsistencies in findings – whether suffered persecution for a Convention reason by security forces – whether failure to consider if real chance of persecution in the future despite findings of no past persecution – whether fear assessed as at date of hearing Migration Act (1958) (Cth) ss 476(1)(a) and (e), 430(1) Convention Relating to the Status of Refugees 1951 as amended by the 1973 Protocol Article 1A(2) Minister for Immigration and Ethic Affairs v Respondent A (1995) 57 FCR 309 applied Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited PERINBAMOORTHY ARUMUGASAMY v

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 1412 OF 1998 TAMBERLIN J SYDNEY 11 NOVEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG1412 OF 1998

BETWEEN: PERINBAMOORTHY ARUMUGASAMY

APPLICANT

AND: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 11 NOVEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The application is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.