Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Thurairajah v Minister for Immigration & Multicultural Affairs [2000] FCA 1034 MIGRATION – decision of Refugee Review Tribunal refusing protection visa – applicant citizen of Sri Lanka and of Tamil ethnicity – whether Tribunal failed to apply the correct test of whether the applicant faces a "real chance" of persecution by referring to the "probable consequence" of detention – whether Tribunal's reasons inadequate – whether Tribunal thereby failed to prepare a written statement as required by s 430 of the Migration Act 1958 (Cth)
Migration Act 1958 (Cth) ss 430, 476(1)(a) & (e)
Nagaratnam v Minister for Immigration & Multicultural Affairs (1999) 84 FCR 569 considered Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 845 referred to MARISTELA THURAIRAJAH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 967 OF 1999
MOORE J
2 AUGUST 2000
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 967 of 1999
BETWEEN: MARISTELA THURAIRAJAH
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 2 AUGUST 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs. 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 967 OF 1999
BETWEEN: MARISTELA THURAIRAJAH
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 2 AUGUST 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an application by Maristela Thurairajah ("the applicant") for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 4 August 1999. The Tribunal affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") refusing to grant the applicant a protection visa. The criterion for the grant of such a visa is that the applicant is a person to whom Australia has protection obligations under the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 ("the Convention").
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