Minister for Immigration & Multicultural Affairs v Anthonypillai [2001] FCA 274

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Anthonypillai

[2001] FCA 274 MIGRATION – protection visa – appeal from single judge setting aside decision of Refugee Review Tribunal – claim of detentions and torture in Sri Lanka – letter from Sri Lankan lawyer purporting to corroborate claims – doubts raised by Minister's delegate as to authenticity of letter – whether Tribunal should have caused enquiries to be made in Sri Lanka concerning letter – whether failure to give "proper, genuine and realistic consideration" to claim constitutes ground for review under Pt 8 of the Migration Act 1958 (Cth) – whether Tribunal failed to "review" decision or "consider" applicant's claim WORDS AND PHRASES – "proper, genuine and realistic consideration" Migration Act 1958 (Cth) ss 427(1)(d), 476 Majeed v Minister for Immigration and Multicultural Affairs [2000] FCA 470 applied Rahman v Minister for Immigration and Multicultural Affairs [2000] FCA 1277 applied Paramananthan v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 28 at 64 discussed Bruce v Cole (1998) 45 NSWLR 163 at 184-185 discussed Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 applied Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411 at pars 20-26 applied Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 discussed Minister for Immigration and Multicultural Affairs v A (1999) 91 FCR 435 at 448 mentioned Dambagolla Arachchige v Minister for Immigration and Multicultural Affairs [2001] FCA 121 mentioned Minister for Immigration and Multicultural Affairs v Guo (1997) 191 CLR 559 at 579 mentioned Byrne v Australian Airlines Ltd (1994) 47 FCR 300 at 304 mentioned Transurban City Link Ltd v Allan (1999) 95 FCR 553 at 560-561 mentioned Telstra Corporation Limited v Treloar [2000] FCA 1170 at pars 23-28 mentioned Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 at par 40 applied Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 at 549 cited R v War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228 at 242 cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V ANTHONYPILLAI NO. V 812 OF 2000 HEEREY, GOLDBERG AND WEINBERG JJ 21 MARCH 2001 MELBOURNE