Sivaram v Minister for Immigration & Multicultural Affairs [1999] FCA 1740

FEDERAL COURT OF AUSTRALIA

Sivaram v Minister for Immigration and Multicultural Affairs [1999] FCA 1740 MIGRATION– appeal - Sri Lankan Tamil – application for protection visa refused by Refugee Review Tribunal – review dismissed – whether primary judge in error that Tribunal had not failed to deal with evidence contrary to its findings – whether Tribunal obligated by statute to address such evidence in its reasons – whether illogicality or lack of specificity in reasons amount to error of law - whether failure to make findings on credible material disabled the Tribunal from applying the 'real chance' test in accordance with the law Migration Act 1958 (Cth) ss 430, 476 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 28 Administrative Appeals Tribunal Act 1975 (Cth) s 43(2B)

Abebe v Commonwealth (1999) 162 ALR 1 cited Minister for Aboriginal Affairs v. Peko-Wallsend Ltd (1986) 162 CLR 24 cited Baljit Kaur Singh v Minister for Immigration and Multicultural Affairs [1999] FCA 1126 cited Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 24 considered Logenthiran v Minister for Immigration and Multicultural Affairs (Wilcox, Lindgren and Merkel JJ, 21 December 1998, unreported) cited Thevendram v Minister for Immigration and Multicultural Affairs [1999] FCA 182 cited Ahmed v Minister for Immigration and Multicultural Affairs [1999] FCA 811 cited Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940 applied Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 cited

ANANDARAJAH SIVARAM V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N688 of 1999 WHITLAM, R D NICHOLSON and GYLES JJ 17 DECEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA