Sivasubramaniam v Minister for Immigration & Multicultural Affairs [2000] FCA 1035

FEDERAL COURT OF AUSTRALIA

Sivasubramaniam v Minister for Immigration & Multicultural Affairs

[2000] FCA 1035 MIGRATION – decision of Refugee Review Tribunal refusing protection visa – applicants citizens of Sri Lanka of Tamil ethnicity who resided in Switzerland prior to arrival in Australia – applicants gave oral evidence before the Tribunal on two occasions – reasons of Tribunal did not refer to evidence given at earlier hearing – legal consequences of a failure on the part of the Tribunal to consider at all evidence given by applicant – whether evidence not considered by Tribunal concerned a material issue – whether Tribunal failed to observe procedures in connection with the making of its decision as required by the Migration Act 1958 (Cth). Migration Act 1958 (Cth) s 430(1)(c) and s 476(1)(a)

Singh v Minister for Immigration and Multicultural Affairs [1999] FCA 1234 followed SIVAPATHAN SIVASUBRAMANIAM AND SHANTHAKUMARI SIVAPATHAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 241 OF 2000 MOORE J 2 AUGUST 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 241 OF 2000

BETWEEN: SIVAPATHAN SIVASUBRAMANIAM

FIRST APPLICANT

SHANTHAKUMARI SIVAPATHAN

SECOND 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 decisions of the Tribunal are set aside. 2. The matter is remitted to the Tribunal for reconsideration. 3. The respondent pay the applicants' 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 241 OF 2000

BETWEEN: SIVAPATHAN SIVASUBRAMANIAM