Velauthampillai v Minister for Immigration & Multicultural Affairs [2000] FCA 1015

FEDERAL COURT OF AUSTRALIA

Velauthampillai v Minister for Immigration & Multicultural Affairs [2000] FCA 1015

MIGRATION – refugees – application for protection visa – review of decision by Refugee Review Tribunal – whether Tribunal had jurisdiction to make its decision – whether applicant entitled to enter and reside in safe third country – whether applicant, as holder of Reiseausweis (Convention travel document) and Aufenthaltsbefugnis (residence permit), could return to Germany after 6 month period – whether material before Tribunal on which it was reasonably open to Tribunal to reach its decision.

Migration Act 1958 (Cth), s 476(1)(b)

Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611, referred to Corporation of the City of Enfield v Development Assessment Commission (2000) 169 ALR 400, referred to Chen Shi Hai v Minister for Immigration & Multicultural Affairs (2000) 170 ALR 553, referred to Aronson & Dyer Judicial Review of Administrative Action 2nd ed. 2000 at pp.203-04 Crock "Abebe v Commonwealth; Minister for Immigration and Multicultural Affairs v Eshetu Of Fortress Australia and Castles in the Air: The High Court and the Judicial Review of Migration Decisions" (2000) 24 MULR 190 at pp. 210-11 TH Huxley "Biogenesis and Abiogenesis" http://aleph0.clarku.edu/huxley/CE8/B-Ab.html POOMANY VELAUTHAMPILLAI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1284 of 1999 KATZ J 31 JULY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1284 of 1999

BETWEEN: POOMANY VELAUTHAMPILLAI

APPLICANT

AND: MINISTER FOR IMMIGRATION

& MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: KATZ J

DATE OF ORDER: 31 JULY 2000

WHERE MADE: SYDNEY

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