Jayawardene v Minister for Immigration & Multicultural Affairs [1999] FCA 1577

FEDERAL COURT OF AUSTRALIA

Jayawardene v Minister for Immigration & Multicultural Affairs [1999] FCA 1577 MIGRATION – Refugees – Protection Visa - Review of a decision of the Refugee Review Tribunal - well-founded fear of persecution based on membership of social group – social group defined as "single women or single women without protection in Sri Lanka" – fear of domestic violence – relevance of extortion claims – relevance of consideration of welfare of applicant's child. Migration Act 1958 (Cth): ss 476(1)(a), 476(1)(e), 420(2)(b)

Morato v Minister for Immigration and Ethnic Affairs (1992) 39 CLR 401 cited Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 followed Minister for Immigration and Multicultural Affairs v Zamora (1998) 51 ALD 1 cited Minister for Immigration and Multicultural Affairs v Teoh (1995) 183 CLR 273 distinguished Sikahele v Minister for Immigration and Multicultural Affairs (Lindgren J, 10 November 1998, unreported) cited Fakatava v Minister for Immigration and Multicultural Affairs [1999] FCA 1477 followed Tafokitau v Minister for Immigration and Multicultural Affairs [1999] FCA 1478 followed DONA ANNE DEEPANI JAYAWARDENE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 690 of 1998

GOLDBERG J 12 NOVEMBER 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 690 of 1998

BETWEEN: DONA ANNE DEEPANI JAYAWARDENE

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 12 NOVEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application to review the decision of the Refugee Review Tribunal made on 16 November 1998 is dismissed. 2. The applicant pay the respondent's costs including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules