Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sathianathan v Minister for Immigration & Multicultural Affairs [2000] FCA 1337 MIGRATION – protection visa – refugee review tribunal affirming delegate's decision refusing application – application for review – whether tribunal failed to set out finding on material question of fact – whether tribunal failed to make finding on whether young Tamil males had a well-founded fear of persecution based on their ethnicity – whether no evidence for findings of particular facts
Migration Act 1958 (Cth), ss 430(1)(c), 476(1)(e) Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 845,applied Minister for Immigration & Multicultural Affairs v Rajamanikkam [2000] FCA 1023, referred to SHANMUGANATHAN SATHIANATHAN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 161 of 1999 R D NICHOLSON J 19 SEPTEMBER 2000 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 161 of 1999
BETWEEN: SHANMUGANATHAN SATHIANATHAN
Applicant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
Respondent
JUDGE: R D NICHOLSON J
DATE OF ORDER: 19 SEPTEMBER 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application for review be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 161 of 1999
BETWEEN: SHANMUGANATHAN SATHIANATHAN
Applicant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
Respondent
JUDGE: R D NICHOLSON J
DATE: 19 SEPTEMBER 2000
PLACE: PERTH
REASONS FOR JUDGMENT 1 By way of an amended application for an order of review the applicant seeks to review a decision of the Refugee Review Tribunal ("the Tribunal") made on 19 November 1999. That decision affirmed a decision of the delegate of the respondent not to grant to the applicant a protection visa. 2 The applicant is a 28 year old male citizen of Sri Lanka. He arrived in Australia on 3 April 1999. On 6 April 1999 he lodged his application for a protection visa.
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