Minister for Immigration & Multicultural Affairs v Rajamanikkam [2000] FCA 1023

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Rajamanikkam [2000] FCA 1023 MIGRATION - application for protection visa - Tribunal decision set aside by judge at first instance - appeal to Full Court - Tribunal identified eight factors which led it to conclude that applicant had concocted primary claim - whether factors identified by Tribunal were based on particular facts which did not exist - whether such facts constituted "critical facts" if some only of the factors identified were based on facts that did not exist, whether ground of review under s 476(1)(g) and (4)(b) of Migration Act 1958 (Cth) made out. MIGRATION - Tribunal found that it was reasonable for the applicant to relocate - whether Tribunal failed to refer to material relevant to relocation in its reasons - whether this failure contravened s 430(1) of Migration Act 1958 (Cth) in circumstances - whether Tribunal's finding affected by its view on applicant's credibility. Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(h), 5(3)(b) Migration Act 1958 (Cth) ss 430, 476(1)(a), 476(1)(g), 476(4)(b) Yilan v Minister for Immigration and Multicultural Affairs [1999] FCA 854 distinguished Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 distinguished Ngo Quang Thuat v Minister for Immigration and Multicultural Affairs (O'Connor J, 24 November 1998, unreported) referred to Guden v Minister for Immigration and Multicultural Affairs [2000] FCA 236 referred to Chen v Minister for Immigration and Multicultural Affairs [1999] FCA 34 followed Pfizer Ltd v Birkhett [1999] FCA 1778 referred to State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (In Liq) (1999) 160 ALR 588 referred to Ismail v Minister for Immigration and Multicultural Affairs [1999] FCA 1555 distinguished Vichlenkova v Minister for Immigration and Multicultural Affairs [1999] FCA 1338 applied Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845 applied Minister for Immigration and Multicultural Affairs; ex parte Durairajasingham (2000) 168 ALR 407 referred to MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v RAJAMANIKKAM N 1421 of 2000 KIEFEL, NORTH & MANSFIELD JJ 3 AUGUST 2000 BRISBANE