Colombage v Minister for Immigration & Multicultural Affairs [2000] FCA 1904

FEDERAL COURT OF AUSTRALIA

Colombage v Minister for Immigration & Multicultural Affairs [2000] FCA 1904

MIGRATION – protection visa – review of decision of Refugee Review Tribunal – whether failure to set out reasons for decision or findings on material questions of fact – whether failure to give "proper, genuine and realistic consideration"

Migration Act 1958 (Cth) s 430(1)(b),(c) and (d), 476(1)(a) Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 applied Re Minister for Immigration and Multicultural Affairs; ex parte Durairajasingham (2000) 168 ALR 407 applied Anthonpillai v Minister for Immigration and Multicultural Affairs [2000] FCA 1368 mentioned DULIP THILAN BHATHIYA COLOMBAGE v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO V 572 OF 2000 HEEREY J 22 DECEMBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 572 OF 2000

BETWEEN: DULIP THILAN BHATHIYA COLOMBAGE

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 22 DECEMBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs, including 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 572 OF 2000

BETWEEN: DULIP THILAN BHATHIYA COLOMBAGE

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HEEREY J

DATE: 22 DECEMBER 2000

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 The applicant is a Sinhalese Sri Lankan national. He seeks review under Pt 8 of the Migration Act 1958 (Cth) of a decision of the Refugee Review Tribunal affirming the decision of a delegate of the Minister not to grant him a protection visa. The applicant was born in 1973 and arrived in Australia on 29 December 1996.