Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Subakaran v Minister For Immigration & Multicultural Affairs [2000] FCA 630 MIGRATION – Protection visa – review - Tribunal decision affirming delegate's refusal – Sri Lankan Tamil – whether evidence arising post-Tribunal decision may be taken into account - whether procedural Union – compliance – whether incorrect interpretation of the law – whether incorrect application of the law – whether no evidence – whether possibility of further application being allowed. Migration Act 1958, s476 Minister for Immigration & Multicultural Affairs v Thiyagarajah [2000] HCA 9, followed SIVAGNANAM SUBAKARAN V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 772 OF 1999 R D NICHOLSON 5 MAY 2000 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY N 772 OF 1999
BETWEEN: SIVAGNANAM SUBAKARAN
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: R D NICHOLSON J
DATE OF ORDER: 5 MAY 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application be dismissed. 2. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY N 772 OF 1999
BETWEEN: SIVAGNANAM SUBAKARAN
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: R D NICHOLSON J
DATE: 5 MAY 2000
PLACE: PERTH
REASONS FOR JUDGMENT 1 This is an application to review the decision of the Refugee Review Tribunal given on 14 July 1999. The decision of the Tribunal was to affirm the decision of a delegate of the respondent not to grant the applicant a protection visa. The application is brought pursuant to ss 475 and 476 of the Migration Act 1958 ("Act"). At the time of the Tribunal decision the applicant was a 20‑year‑old male citizen from Sri Lanka. He arrived in Australia on 3 April 1999 and was subsequently taken into immigration custody at the Port Hedland Immigration Centre. He lodged his application for a protection visa with the Department of Immigration and Multicultural Affairs ("Department") on 8 April 1999.
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