Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Thayananthan v Minister for Immigration & Multicultural Affairs
[2000] FCA 1825
MIGRATION -application for order to review decision of Refugee Review Tribunal affirming decision of delegate of respondent not to grant protection visas to applicants - claims of applicants disbelieved by Refugee Review Tribunal - determination by Refugee Review Tribunal that applicants not refugees in accordance with the Refugees Convention - whether Refugee Review Tribunal breached its obligations pursuant to s430 of the Migration Act 1958 (Cth) - whether Refugee Review Tribunal failed to make findings on material questions of fact - allegation of bias - whether the decision of Refugee Review Tribunal was affected by actual bias - whether the decision of Refugee Review Tribunal constitutes an improper exercise of power in contravention of s476 of the Migration Act 1958 (Cth) - whether Refugee Review Tribunal effectively and inflexibly applied a policy that it should follow DFAT advice in preference to evidence of applicants - judgment given in circumstances where uncertainty as to Full Court authority on questions of law considered by primary Judge
Migration Act 1958 (Cth) s430, 476(3)(c)
Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 469, [2000] FCA 845 applied
H v Minister for Immigration & Multicultural Affairs [2000] FCA 1348 applied
Minister for Immigration & Multicultural Affairs v A (1999) 168 ALR 594, [1999] FCA 1679 referred to
Yilmaz v Minister for Immigration & Multicultural Affairs [2000] FCA 906 applied
Minister for Immigration & Multicultural Affairs v Li [2000] FCA 1456 referred to
Minister for Immigration & Multicultural Affairs v Rajamanikkam [2000] FCA 1023 applied
CHELLIAH DAVID THAYANANTHAN, SATHYA JEEVAMALAR THAYANANTHAN, MARLIN MADURA THAYANANTHAN and SABEENA DAYANI THAYANANTHAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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