De Silva v Minister for Immigration & Multicultural Affairs [2000] FCA 765

FEDERAL COURT OF AUSTRALIA

De Silva v Minister for Immigration & Multicultural Affairs [2000] FCA 765 MIGRATION ‑ Application for protection visa ‑ Whether procedures required by Act observed in connection with making of decision ‑ Whether Tribunal failed to make finding on material question of fact ‑ Requirement that applicant be invited to appear before Tribunal to give evidence and present arguments relating to issue arising in relation to decision under review ‑ Whether imposes obligation on Tribunal to identify issues and draw them to applicant's attention. Migration Act 1958, ss 424A(1), 425(1), 430(1)(c), 476(1)(a) The Minister v Cho (1999) 164 ALR 339 applied Mohammed v The Minister [2000] FCA 264 applied Chan v The Minister (1989) 169 CLR 379 cited Ram v The Minister (1995) 57 FCR 565 cited Diatlov v The Minister (1999) 167 ALR 313 cited DODAMPEGAMAGE KUMUDU SUSIL DE SILVA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 67 of 2000 HILL, CARR and SUNDBERG JJ 9 JUNE 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 67 OF 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT

BETWEEN: DODAMPEGAMAGE KUMUDU SUSIL DE SILVA

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: HILL, CARR and SUNDBERG JJ

DATE OF ORDER: 9 JUNE 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. 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 67 OF 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT

BETWEEN: DODAMPEGAMAGE KUMUDU SUSIL DE SILVA

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS