Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mariathasan v Minister for Immigration & Multicultural Affairs [2000] FCA 1636
MIGRATION – whether the Tribunal's finding as to credibility was based on the existence of particular facts that did not exist.
Migration Act 1958 (Cth) ss 430(1)(c), 476(1)(a), 476(1)(g), 476(4)(b) Guden v Minister for Immigration and Multicultural Affairs [2000] FCA 236 referred to Indatissa v Minister for Immigration and Multicultural Affairs [2000] FCA 1119 referred to Minister for Immigration and Multicultural Affairs v Rajamanikkam [2000] FCA 1023 referred to Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57 referred to Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845 referred to Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 referred to Careem v Minister for Immigration and Multicultural Affairs (1999) 58 ALD 343 referred to Emiantor v Minister for Immigration and Multicultural Affairs (1997) 48 ALD 635 referred to Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 referred to Mashayekhi v Minister for Immigration and Multicultural Affairs (2000) 97 FCR 381 followed
ASEERVATHAM JOSEPH MARIATHASAN AND JEYAMANY MARIATHASAN V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
NO. 879 OF 2000
JUDGE: BEAUMONT J
DATE: 22 NOVEMBER 2000
PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 879 OF 2000
BETWEEN: ASEERVATHAM JOSEPH MARIATHASAN
FIRST APPLICANT
JEYAMANY MARIATHASAN
SECOND APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BEAUMONT J
DATE OF ORDER: 22 NOVEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal dated 6 July 2000 be set aside. 2. The matter be remitted to the Tribunal for reconsideration according to law. 3. The respondent pay one-half of the applicant's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate