Tharairasa v Minister for Immigration & Multicultural Affairs [2000] FCA 520

FEDERAL COURT OF AUSTRALIA

Tharairasa v Minister for Immigration & Multicultural Affairs

[2000] FCA 520

MIGRATION – refugees – decision of Refugee Review Tribunal that applicant not a person to whom Australia had protection obligations – whether s 424A of the Migration Act requires the Tribunal to give the applicant country information upon which it proposes to rely – whether Tribunal erred by not finding that a beating and subsequent torture constituted persecution – whether Tribunal erred in failing to observe procedures that were required to be observed by the Act.

Migration Act 1958 (Cth) ss 424A, 430, 476(1)(a)

Cho v Minister for Immigration and Multicultural Affairs (1998) 55 ALD 487 referred to

Minister for Immigration and Multicultural Affairs v Cho (1999) 164 ALR 339 referred to

Meadows v Minister for Immigration and Multicultural Affairs (1998) 54 ALD 654 referred to

Mohamed v Minister for Immigration and Multicultural Affairs [1999] FCA 371 referred to

Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 referred to

Minister for Immigration and Multicultural Affairs v Yusuf [1999] FCA 1681 followed

Xu v Minister for Immigration and Multicultural Affairs [1999] FCA 1741 referred to

Montes-Granados v Minister for Immigration and Multicultural Affairs [2000] FCA 60 followed

Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1 distinguished

RASAKUMAR THARAIRASA v MINISTER FOR IMMIGRATION &

MULTICULTURAL AFFAIRS

W 158 of 1999

CARR J

20 APRIL 2000

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 158 OF 1999

BETWEEN: RASAKUMAR THARAIRASA

Applicant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS