Rajaratnam v Minister for Immigration & Multicultural Affairs [1999] FCA 1707

FEDERAL COURT OF AUSTRALIA

Rajaratnam v Minister for Immigration & Multicultural Affairs [1999] FCA 1707 MIGRATION – Migration Act 1958 (Cth) – application for protection visa – whether error of law – use by Refugee Review Tribunal of word 'motivation' rather than 'for reasons of …' – whether matters noted by Refugee Review Tribunal overlooked in reaching decision – assessment of probability that event may occur – whether Refugee Review Tribunal based assessment only on past event – whether procedures required by the Act observed in connection with the making of the decision – whether failure by Refugee Review Tribunal to provide proper written reasons for decision Migration Act 1958 (Cth) ss 36, 430, 476 Minister of Immigration and Multicultural Affairs v Sarrazola [1999] FCA 1134 (1999) 166 ALR 641, referred to Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225, cited Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565, cited Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559, cited Abdalla v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 11, followed Logenthiran v Minister for Immigration and Multicultural Affairs (Wilcox, Lindgren and Merkel JJ unreported, 21 December 1998), followed Perampalam v Minister for Immigration and Multicultural Affairs [1999] FCA 165, (1999) 55 ALD 431, followed Thevendram v Minister for Immigration and Multicultural Affairs [1999] FCA 182, followed MANUEL RAJARATNAM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 777 of 1999 BRANSON J SYDNEY 9 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 777 of 1999

BETWEEN: MANUEL RAJARATNAM

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS