Murugesu v Minister for Immigration & Multicultural Affairs [2000] FCA 1411

FEDERAL COURT OF AUSTRALIA

Murugesu v Minister for Immigration and Multicultural Affairs

[2000] FCA 1411

MIGRATION – protection visa – decision of Refugee Review Tribunal – whether failure to make findings on material questions of fact and determine substantive issues – reasonableness of relocation of Tamil to Colombo – applicant once arrested and from the north of Sri Lanka – whether necessary to make findings as to reasonableness based on Tamil ethnicity per se – whether failure to consider all circumstances relating to relocation Judiciary Act 1903 (Cth) s 44(a) Migration Act 1958 (Cth) s 430(1)(c) and (d)

Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 at 443 applied Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845 applied Paramanthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 at 62-64 applied PUSPHARAJAH MURUGESU v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO V 97 OF 2000 HEEREY J 10 OCTOBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 97 of 2000

BETWEEN: PUSPHARAJAH MURUGESU

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 10 OCTOBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application for writs of prohibition, certiorari and mandamus and injunctions, insofar as it is based on the grounds in par 3 of the Order of Hayne J in the High Court of Australia on 23 November 1999, is dismissed.

2. The applicant pay the respondent's costs to be taxed, included reserved 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 97 of 2000