Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gunawardene v Minister for Immigration & Multicultural Affairs
[2000] FCA 1293
NO QUESTION OF PRINCIPLE Migration Act 1958 (Cth) s430(1)(b) WARNAKULASURIYA KENNETH FELICIAN TISSERA GUNAWARDENE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 350 of 2000 MARSHALL J MELBOURNE 15 SEPTEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 350 of 2000
BETWEEN: WARNAKULASURIYA KENNETH FELICIAN TISSERA GUNAWARDENE
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 15 SEPTEMBER 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 350 of 2000
BETWEEN: WARNAKULASURIYA KENNETH FELICIAN TISSERA GUNAWARDENE
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE: 15 SEPTEMBER 2000
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an application for an order of review in respect of a decision of the Refugee Review Tribunal ("RRT") to refuse to grant the applicant, Mr Gunawardene, a protection visa.
Background 2 Mr Gunawardene is a citizen of Sri Lanka. He is of Sinhalese ethnicity and is 32 years old. Mr Gunawardene is married with two children. His wife made a separate application for a protection visa, the refusal of which led to her making a separate application for an order of review. That matter is the subject of separate reasons for judgment delivered this day. 3 Mr Gunawardene first entered Australia on 24 November 1995 as the holder of a visitor's visa. He returned to Sri Lanka on 16 May 1997 and re-entered Australia on 16 June 1997. 4 The application for a protection visa was lodged with the respondent's department on 1 July 1997. On 15 October 1997, a delegate of the respondent refused the application. 5 On 10 November 1997, Mr Gunawardene applied to the RRT for a review of the delegate's decision. On 11 April 2000, a hearing took place before the RRT. The RRT affirmed the decision of the delegate and published its reasons for decision on 14 April 2000.
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