Sithamparapillai v Minister for Immigration & Multicultural Affairs [2000] FCA 897

FEDERAL COURT OF AUSTRALIA

Sithamparapillai v Minister for Immigration & Multicultural Affairs [2000] FCA 897

IMMIGRATION – refugees – protection visa – review of a decision of the Refugee Review Tribunal – claim based on well‑founded fear of persecution – persecution by reason of continued deprivation of property – deprivation without means of redress – claims of threats made to applicants – if threats disbelieved could other activities of applicants justify a well‑founded fear of persecution. Migration Act 1958 (Cth): s 476 Hathaway, The Law of Refugee Status, 1991

SANMUGAN SITHAMPARAPILLAI and MANICKAM SITHAMPARAPILLAI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

V 724 of 1999

GOLDBERG J 5 JULY 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 724 of 1999

BETWEEN: SANMUGAN SITHAMPARAPILLAI and

MANICKAM SITHAMPARAPILLAI

Applicants

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 5 JULY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicants pay the respondent's costs of the application including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 724 of 1999

BETWEEN: SANMUGAN SITHAMPARAPILLAI and

MANICKAM SITHAMPARAPILLAI

Applicants

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: GOLDBERG J

DATE: 5 JULY 2000

PLACE: MELBOURNE

REASONS FOR JUDGMENT

Introduction 1 The applicants have applied to the Court pursuant to s 476 of the Migration Act 1958 (Cth) ("the Act") to review the decision of the Refugee Review Tribunal ("the Tribunal") made on 26 November 1999 affirming the decision of the delegate of the respondent ("the Minister") made on 13 August 1997. The delegate decided that the first applicant and his wife, the second applicant, were not persons to whom Australia has protection obligations under the United Nations Convention Relating to the Status of Refugees 1951 as amended by the 1967 Protocol Relating to the Status of Refugees ("the Convention") and are therefore not entitled to the grant of protection visas. 2 The first applicant, a 72 year old Tamil citizen of Sri Lanka, and his wife arrived in Australia on 11 May 1997. They lodged an application for a protection visa on 27 June 1997 and the application was refused on 13 August 1997. An application to the Tribunal for review was filed on 27 August 1997 and a hearing before the Tribunal was held on 9 November 1999.