Wimalaweera v Minister for Immigration & Multicultural Affairs [1999] FCA 1823

FEDERAL COURT OF AUSTRALIA

Wimalaweera v Minister for Immigration & Multicultural Affairs

[1999] FCA 1823

MIGRATION – application for review of a decision of the Refugee Review Tribunal affirming a decision not to grant the applicant a protection visa – applicant is a Singhalese Sri Lankan national who asserts a fear of persecution by both the Liberation Tigers of Tamil Eelan and the government should he return to Sri Lanka – whether a breach of s 430(1) of the Migration Act 1958 (Cth) ("the Act") is a ground of review pursuant to s 476(1)(a) of the Act – whether the written statement of the Tribunal complied with s 430(1) of the Act – whether alleged factual error by the Tribunal was sufficient to invoke s 476(1)(g) of the Act Migration Act 1958 (Cth), ss 36(2), 430(1), 430(1)(b), 430(1)(c), 430(1)(d), 476(1)(a), 476(1)(c), 476(1)(e), 476(1)(g) Xu v Minister for Immigration & Multicultural Affairs [1999] FCA 1741, followed Minister for Immigration & Multicultural Affairs v Yusuf [1999] FCA 1681, not followed Minister for Immigration & Multicultural Affairs v Epeabaka (1999) 84 FCR 411, referred to Rajaratnam v Minister for Immigration & Multicultural Affairs [1999] FCA 1707, applied Addo v Minister for Immigration & Multicultural Affairs [1999] FCA 940, applied Sivaram v Minister for Immigration & Multicultural Affairs [1999] FCA 1740, applied Applicant A v Minister for Immigration & Ethnic Affairs (1997) 190 CLR 225, cited Abdi v Minister for Immigration & Multicultural Affairs [1999] FCA 1253, cited Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, cited

UDENIJITH MANGALA WIMALAWEERA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 638 OF 1999

GYLES J

SYDNEY 23 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 638 OF 1999