Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dambagolla Arachchige v Minister for Immigration & Multicultural Affairs [2001] FCA 121
MIGRATION – Refugee Review Tribunal – whether the RRT constructively failed to exercise jurisdiction by failing to adequately investigate - where the RRT had sought extra information from a third party who had not replied – whether the RRT should have waited longer than two months for a reply
MIGRATION – Refugee Review Tribunal – whether the RRT erred by not referring to a piece of evidence when deciding an issue - where the RRT referred to other evidence pertinent to the particular issue Migration Act 1958 s 476(1)(a) Anthonypillai v Minister for Immigration and Multicultural Affairs [2000] FCA 1368 cited Minister for Immigration and Multicultural Affairs v Rajalingham (1999) 93 FCR 220 cited DON PMW DAMBAGOLLA ARACHCHIGE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 750 OF 2000 HILL, WHITLAM AND TAMBERLIN JJ SYDNEY 23 FEBRUARY 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 750 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: DON PMW DAMBAGOLLA ARACHCHIGE
APPELLANT
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: HILL, WHITLAM & TAMBERLIN JJ
DATE OF ORDER: 23 FEBRUARY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The appeal be 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
NEW SOUTH WALES DISTRICT REGISTRY N 750 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: DON PMW DAMBAGOLLA ARACHCHIGE
APPELLANT
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
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