Barnes v Minister for Immigration & Multicultural Affairs [2000] FCA 563

FEDERAL COURT OF AUSTRALIA

Barnes v Minister for Immigration & Multicultural Affairs [2000] FCA 563 MIGRATION – Application for review of decision of Refugee Review Tribunal refusing protection order – Applicant is a male Tamil from Batticaloa in the eastern province of Sri Lanka – Tribunal accepted the possibility that the applicant had been targeted for extortion of money by the LTTE but left unclear whether or not it regarded this as persecution and, if so, whether it was for a Convention reason – Applicant also based his claim on fear of persecution by government officers in Batticaloa – Tribunal dealt with situation of Tamils in Colombo – without considering reasonableness of expecting applicant to relocate there – Tribunal decision set aside.

Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 Sellamuthu v Minister for Immigration and Multicultural Affairs [1999] FCA 247 applied SEBASTIANO SUGUMARA BARNES v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N1334 of 1999 WILCOX J SYDNEY 19 APRIL 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1334 of 1999

BETWEEN: SEBASTIANO SUGUMARA BARNES

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: WILCOX J

DATE OF ORDER: 19 APRIL 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal be set aside and the matter be remitted to the said Tribunal for reconsideration according to law. 2. The respondent pay the applicant's 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 N1334 of 1999

BETWEEN: SEBASTIANO SUGUMARA BARNES