Don Manuel v Minister for Immigration & Multicultural Affairs [2001] FCA 487

FEDERAL COURT OF AUSTRALIA

Don Manuel v Minister for Immigration and Multicultural Affairs

[2001] FCA 487

MIGRATION – review of RRT decision to affirm Minister's decision to refuse to grant protection visa – written statement of reasons for decision – preparation of statement of reasons – procedures required to be observed in connection with making of decision – required content of statement of reasons – obligation to set out findings on material questions of fact – failure to set out findings regarding documents upon which applicant relied – whether documents material – so-called "what if I am wrong?" test – whether RRT engaged in requisite process of speculation as to likelihood of future persecution.

Migration Act 1958 (Cth) ss 430, 476(1)(a)

Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 followed Rahman v Minister for Immigration and Multicultural Affairs [1999] FCA 73 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 291-293 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Muthukuda v Minister for Immigration & Multicultural Affairs [1999] FCA 1499 referred to

SHYMAN RANJITH THOTAWATTE DON MANUEL, YAMUNA MALKANTHI PATHIRANAGE and MELANI RAVEENA THOTAWATTE DONA MANUEL and MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

V716 of 1999

WEINBERG J

2 MAY 2001

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG716 OF 1999

BETWEEN: SHYMAN RANJITH THOTAWATTE DON MANUEL

FIRST APPLICANT

YAMUNA MALKANTHI PATHIRANAGE

SECOND APPLICANT

MELANI RAVEENA THOTAWATTE DONA MANUEL

THIRD APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT