Rajaratnam v Minister for Immigration & Multicultural Affairs [2000] FCA 1111

FEDERAL COURT OF AUSTRALIA

Rajaratnam v Minister for Immigration & Multicultural Affairs

[2000] FCA 1111

MIGRATION – decision of Refugee Review Tribunal refusing protection visa – decision of primary judge affirming decision of Tribunal – appellant citizen of Sri Lanka and of Tamil ethnicity – whether Tribunal erred in inferring that appellant did not have a well-founded fear of persecution in future – where that inference was based on the Tribunal's finding that the appellant had suffered only one act of persecution for reasons of his ethnicity in the past – extortion – whether Tribunal erred in finding that extortion practised on the appellant by a lieutenant in the Sri Lankan army was motivated by lieutenant's personal interest in the appellant and not the appellant's race or ethnicity – multi-faceted nature of extortion – whether Full Court should prefer another inference of fact over the primary judge's inference where both inferences equally open to primary judge – where inferences concern whether Tribunal has committed an error of law

Migration Act 1958 (Cth) s 476(1)(e)

Sidhu v Holmes [2000] FCA 776 considered Minister for Immigration, Local Government & Ethnic Affairs v Hamsher (1992) 35 FCR 359 considered Perampalam v Minister for Immigration & Multicultural Affairs (1999) 84 FCR 274 considered Minister for Immigration & Multicultural Affairs v Sarrazola (1999) 166 ALR 641 referred to MANUEL RAJARATNAM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 27 OF 2000 MOORE, FINN AND DOWSETT JJ 10 AUGUST 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 27 OF 2000

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MANUEL RAJARATNAM

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS