Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brandigampolage v Minister for Immigration & Multicultural Affairs
[2000] FCA 1400 MIGRATION – decision of Refugee Review Tribunal refusing protection visa – applicant Sri Lankan citizen of Singhalese faith – claimed fear of harm because provided assistance to Tamil terrorist – Tribunal rejected persecution based upon political opinion – Tribunal did not consider persecution based upon race – whether Convention extends to protect against harm motivated by race even where not motivated by reason of race of the asylum seeker – alternative basis for decision
WORDS & PHRASES – "for reason of race"
Migration Act 1958 (Cth)
Paramananthan v Minister for Immigration & Multicultural Affairs (1998) 94 FCR 28, applied SANATH SUMEDHA BRANDIGAMPOLAGE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 300 OF 2000
MOORE J 5 OCTOBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 300 OF 2000
BETWEEN: SANATH SUMEDHA BRANDIGAMPOLAGE
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 5 OCTOBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent'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 300 OF 2000
BETWEEN: SANATH SUMEDHA BRANDIGAMPOLAGE
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 5 OCTOBER 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 16 March 2000 affirming a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") not to grant the applicant a protection visa. A criterion for the grant of such visas is that an applicant is a person to whom Australia has protection obligations under the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 ("the Convention").
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