Pirapakaran v Minister for Immigration & Multicultural Affairs [2000] FCA 1820

FEDERAL COURT OF AUSTRALIA

Pirapakaran v Minister for Immigration & Multicultural Affairs [2000] FCA 1820 MIGRATION – appeal from decision of primary judge dismissing application for review of decision by Refugee Review Tribunal – whether errors of law – whether failure to consider and make findings on evidence – whether Tribunal should have found that Tamils who experienced extortion were a particular social group – whether Tribunal failed to address evidence of threat to appellant's daughter – whether Tribunal failed to address whether appellant would face detention and mistreatment in Colombo Migration Act 1958 (Cth), ss 430(1)(d), 476(1)(a)

Alphonsus v Minister for Immigration & Multicultural Affairs [1999] FCA 289 distinguished Perampalam v Minister for Immigration & Multicultural Affairs (1999) 84 FCR 274 cited Santhikumar v Minister for Immigration & Multicultural Affairs [1999] FCA 1777 cited Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 469 applied Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 at 575 cited INTHUMATHY PIRAPAKARAN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 583 of 2000 TAMBERLIN, RD NICHOLSON AND FINKELSTEIN JJ SYDNEY 15 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 583 OF 2000

ON APPEAL FROM A JUDGE OF

THE FEDERAL COURT OF AUSTRALIA

BETWEEN: INTHUMATHY PIRAPAKARAN

APPELLANT

AND: MINISTER FOR IMMIGRATION &

MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN, RD NICHOLSON and FINKELSTEIN JJ

DATE OF ORDER: 15 DECEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The application is 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