Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sowrimuthu v Minister for Immigration & Multicultural Affairs [2001] FCA 300
IMMIGRATION – refugee – application for review of decision of Refugee Review Tribunal affirming decision to refuse a protection visa – applicant claiming to be Roman Catholic Indian fearing persecution for reason of religion – whether Tribunal properly understood and addressed claim – whether fear was of persecution by "distant relatives" who were "Naxalites" or by Naxalites generally – whether Tribunal had addressed question whether effective protection was available from Indian authorities. Migration Act 1958 (Cth) s 476(1)(a), (e), (g) Thevendram v Minister for Immigration & Multicultural Affairs [1999] FCA 182 (FC) referred to Sellamuthu v Minister for Immigration & Multicultural Affairs (1999) 90 FCR 287 (FC) referred to Minister for Immigration & Multicultural Affairs v Prathapan (1998) 86 FCR 95 (FC) discussed A v Minister for Immigration & Multicultural Affairs (1999) 53 ALD 545 discussed Minister for Immigration & Multicultural Affairs v Tas [2000] FCA 1657 doubted Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 469 applied ROBERT KENNEDY SOWRIMUTHU v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1286 OF 2000 LINDGREN J 23 MARCH 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1286 OF 2000
BETWEEN: ROBERT KENNEDY SOWRIMUTHU
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 23 MARCH 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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