Thevendram v Minister for Immigration & Multicultural Affairs [2000] FCA 1910

FEDERAL COURT OF AUSTRALIA

Thevendram v Minister for Immigration & Multicultural Affairs [2000] FCA 1910

MIGRATION – appeal – application for a protection visa – whether steps in the reasoning in respect of a material question of fact can constitute a finding on a material question of fact – consideration of the circumstances in which adverse credibility findings are reviewable

Convention relating to the Status of Refugees 1951 as amended by the Protocol relating to the Status of Refugees 1967 s 1A(2) Migration Act 1958 (Cth) s 430(1)(d)

Minister for Immigration and Multicultural Affairs v Rajamanikkam [2000] FCA 1023 - referred to Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 – referred to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 – referred to R v Higher Education Funding Council; ex parte Institute of Dental Surgery [1994] 1 All ER 651 – referred to Canada (Director of Investigation and Research) v Southam Incorporated [1997] 1 SCR 748 – referred to Baker v Canada (Minister of Citizenship and Immigration) (1999) 174 DLR (4th) 193 – referred to R v Connell; Ex parte The Hetton Bellbird Collieries Limited (No 2) (1944) 69 CLR 407 – referred to Buck v Bavone (1976) 135 CLR 110 – referred to Singh v Minister for Immigration and Multicultural Affairs (2000) 175 ALR 503 – referred to Puhlhofer v Hillingdon London Borough Council [1986] AC 484 – referred to Waterford v The Commonwealth of Australia (1987) 163 CLR 54 – referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 – referred to Dornan v Riordan (1990) 24 FCR 564 – referred to Sinclair v Mining Warden at Maryborough (1975) 132 CLR 473 – referred to Anthonypillai v Minister for Immigration and Multicultural Affairs [2000] FCA 1368 – referred to Rasaiah v Minister for Immigration and Multicultural Affairs [2000] FCA 1371 – referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 – referred to Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411 – referred to Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 - applied Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 –applied