Wepitiya Gamage v Minister for Immigration & Multicultural Affairs [1999] FCA 1763

FEDERAL COURT OF AUSTRALIA

Wepitiya Gamage v Minister for Immigration & Multicultural Affairs [1999] FCA 1763 MIGRATION - application for order of review of decision by Refugee Review Tribunal to refuse to grant protection visa - whether failure to give adequate reasons - whether failure to set out findings on material question of fact - whether Tribunal failed to set out findings on whether applicant feared ostracism in Germany and whether that ostracism might constitute persecution for a Convention reason Migration Act 1958 (Cth), s 476(1)(a), s 430 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol Minister for Immigration & Multicultural Affairs v Yusuf [1999] FCA 1681, followed Applicant A v Minister for Immigration & Ethnic Affairs (1997) 190 CLR 225, cited Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379, cited Kandasamy v Minister for Immigration & Multicultural Affairs [1999] FCA 1085, cited

PUSHPARANI WEPITIYA GAMAGE & ORS v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N929 OF 1999 EMMETT J 10 DECEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N929 OF 1999

BETWEEN: PUSHPARANI WEPITIYA GAMAGE

First Applicant

SRI KANYA WEPITIYA GAMAGE

Second Applicant

MADUSHANKANI PRIYANGIKA WEPITIYA GAMAGE

Third Applicant

YOHAN PRIYASHANKA WEPITIYA GAMAGE

Fourth Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGE: EMMETT J

DATE OF ORDER: 10 DECEMBER 1999

WHERE MADE: SYDNEY

THE COURT: 1. Orders, pursuant to section 481(1)(b) of the Migration Act 1958, that the application by the Applicants to the Refugee Review Tribunal for review of the decision of the Respondent to refuse the grant of protection visas be referred, to the member of the Tribunal who made the decision on 3 August 1999 to confirm the decision to refuse protection visas, for further consideration on the basis of the material then before the Tribunal. 2. Directs that that member make a finding as to: (a) whether ostracism of the Applicants or the First Applicant might occur as claimed in the application to the Respondent; and (b) if so, whether such ostracism would constitute persecution for a Convention reason. 3. Directs the member of the Tribunal to reconsider the decision of 3 August 1999 in the light of any such findings. 4. Orders the respondent to pay the costs of the applicants. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.