Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sabaratnasingam v Minister for Immigration & Multicultural Affairs [2000] FCA 261 MIGRATION - Refugees Convention - appeal from decision dismissing application for review of decision of the Refugee Review Tribunal - 'no evidence' ground - particular facts alleged not to exist were not facts upon which Tribunal based decision - so-called "internal relocation" - no finding of well-founded fear of persecution in part of country of nationality - question of reasonableness of relocation thus not raised Migration Act 1958 s 476(1)(g) Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 applied. Gersten v Minister for Immigration & Multicultural Affairs (2000) 169 ALR 167 considered. Kanagasabai v Minister for Immigration and Multicultural Affairs [1999] FCA 205 doubted. Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 applied. Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411 referred to. Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 referred to. Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 applied. Waterford v The Commonwealth (1987) 163 CLR 54, referred to.
Arupillai Sabaratnasingam v Minister for Immigration & Multicultural Affairs
N 1138 of 1999
WHITLAM, LEHANE & GYLES JJ
SYDNEY
10 MARCH 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1138 OF 1999
On appeal from a Judge of the Federal Court of Australia
BETWEEN: ARUPILLAI SABARATNASINGAM
APPELLANT
AND: MINISTER FOR IMMIGRATION
AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: WHITLAM, LEHANE & GYLES JJ
DATE OF ORDER: 10 MARCH 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
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