Barrington v Minister for Immigration & Multicultural Affairs [1999] FCA 1667

FEDERAL COURT OF AUSTRALIA

Barrington v Minister for Immigration & Multicultural Affairs [1999] FCA 1667 MIGRATION – whether Tribunal complied with the requirement to make a finding on material facts and give reasons – whether the Tribunal had considered whether the appellant could be imputed with a political opinion – whether certain "treatment" by the police in Sri Lanka constituted persecution – whether the Tribunal misinterpreted the definition of "refugee" – whether there was a real chance that the appellant would be persecuted if he returned to Sri Lanka – whether the Tribunal's focus on past events created an error of failing to focus on what might happen if the appellant returned in the future – whether the Tribunal misapplied the "well-founded" fear test and required proof "beyond reasonable doubt". Migration Act 1958 (Cth) ss 36, 430, 476, 476(1)(a) and 476(1)(e)

JOHAN FREDERICK RUDOLPH BARRINGTON v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 319 OF 1999 DRUMMOND, MATHEWS & MANSFIELD JJ 23 NOVEMBER 1999

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 319 OF 1999

ON APPEAL FROM A SINGLE JUDGE

OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: JOHAN FREDERICK RUDOLPH BARRINGTON

Appellant

AND: THE MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

Respondent

JUDGES: DRUMMOND, MATHEWS & MANSFIELD JJ

DATE OF ORDER: 23 NOVEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal is dismissed.

2. The appellant pay to the respondent costs of the appeal to be taxed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 319 OF 1999

ON APPEAL FROM A SINGLE JUDGE

OF THE FEDERAL COURT OF AUSTRALIA