Thirunavukkarasu v Minister for Immigration & Multicultural Affairs [2001] FCA 551

FEDERAL COURT OF AUSTRALIA

Thirunavukkarasu v Minister for Immigration & Multicultural Affairs

[2001] FCA 551

MIGRATION – review of RRT decision affirming Minister's decision to refuse to grant protection visa – whether ground of review contained in Migration Act 1958 (Cth)s 476(1)(g) read together with s 476(4)(b) enlivened – whether RRT's construction of evidentiary material adduced before it "particular fact" within meaning of s 476(4)(b) – whether no evidentiary material before RRT to justify finding that particular fact existed – where such absence of evidentiary material sought to be established solely by reference to written evidentiary material before RRT – whether failure to adduce before Court oral evidentiary material before RRT precludes reliance on ground of review contained in s 476(1)(g) – whether RRT "based" its decision on particular fact within meaning of s 476(4)(b) – whether RRT complied with requirements of written statement under s 430(1) – whether RRT referred to evidentiary material on which it based finding on material question of fact.

Migration Act 1958 (Cth) ss 430(1)(c), 430(1)(d), 476(1)(a), 476(1)(g), 476(4)(b)

Arudselvan v Minister for Immigration & Multicultural Affairs [1999] FCA 622 referred to

Arudselvan v Minister for Immigration & Multicultural Affairs [1999] FCA 1726 referred to

Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 followed

Chopra v Minister for Immigration & Multicultural Affairs [1999] FCA 480 followed

Minister for Immigration & Multicultural Affairs v Rajamanikkam [2000] FCA 1023 distinguished

Minister for Immigration & Multicultural Affairs v Gutierrez (1999) 92 FCR 296 considered

THIRUKKUMAR THIRUNAVUKKARASU v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N1351 of 2000 KATZ J 10 MAY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA