Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nirmaleswaran Somasunthara Iyer v Minister for Immigration & Multicultural Affairs [2000] FCA 52 MIGRATION – application for a protection visa – whether reasons of Refugee Review Tribunal failed to give adequate reasons in respect of findings – whether error of law occurred in applying relevant test – whether Tribunal failed to give proper weight to evidence – whether necessary for Tribunal to explain reasons for rejecting probative evidence contrary to ultimate findings Migration Act 1958 (Cth) ss 430(1), 476(1), (2), (4) Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, applied
NIRMALESWARAN SOMASUNTHARA IYER v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS No. N 558 OF 1999 O'CONNOR J 4 FEBRUARY 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 558 OF 1999
BETWEEN: SOMASUNTHARA IYER
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: O'CONNOR J
DATE OF ORDER: 4 FFEBRUARY 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The application is dismissed with costs 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 558 OF 1999
BETWEEN: SOMASUNTHARA IYER
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: O'CONNOR J
DATE: 4 FEBRUARY 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application to review a decision of the Refugee Review Tribunal ("the Tribunal") made on 14 May 1999 affirming a decision of a delegate of the Minister for Immigration and Multicultural Affairs not to grant the applicant, his wife and three children a protection visa. 2 The grounds of the application, relied on at the hearing, are: a) That the procedures that were required by the Act or regulations to be observed in connection with the making of the decision were not observed, in that the reasons for decision were inadequate, and not in accordance with the requirements of s 430 of the Migration Act 1958 (Cth) ("the Act").
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