Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rajadurai v Minister for Immigration & Multicultural Affairs [2000] FCA 1093
MIGRATION – Refugee application – Review of decision of Refugee Review Tribunal – whether the decision of the Tribunal involved an error of law – whether the Tribunal failed to deal with a material issue which was raised on the evidence.
Migration Act 1958 (Cth) s 476(1)
Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 referred to JORDAN SUSILAN RAJADURAI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 393 OF 2000 MATHEWS J 9 AUGUST 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 393 OF 2000
BETWEEN: JORDAN SUSILAN RAJADURAI
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MATHEWS J
DATE OF ORDER: 9 AUGUST 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is allowed. 2. The decision of the Refugee Review Tribunal is set aside and the matter remitted to the Refugee Review Tribunal to be reconsidered according to law. 3. The respondent is to pay the applicant'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 393 OF 2000
BETWEEN: JORDAN SUSILAN RAJADURAI
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MATHEWS J
DATE: 9 AUGUST 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant Mr Rajadurai seeks judicial review of the decision of the Refugee Review Tribunal ("the Tribunal") dated 29 March 2000 in which the Tribunal affirmed a decision of the respondent's delegate to refuse Mr Rajadurai's application for a protection visa. 2 In order to be eligible for a protection visa an applicant must meet the criteria set out in s 36(2) of the Migration Act 1958 (Cth) ("the Act") and subclass 866 in Sch 2 to the Migration Regulations 1994. Both provisions require that the applicant for a protection visa be a person to whom Australia has protection obligations under the Refugees convention as amended by the Refugees Protocol ("the Convention"). Article 1 of the Convention defines a "refugee" as any person who "… owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country …". 3 Mr Rajadurai says that he has a well-founded fear of persecution for reason of his imputed political opinion.
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