Visvalingam v Minister for Immigration & Multicultural Affairs [2001] FCA 696

FEDERAL COURT OF AUSTRALIA

Visvalingam v Minister for Immigration & Multicultural Affairs [2001] FCA 696

IMMIGRATION – Application for Refugee status – whether failure of RRT to consider all of the substantial claims – RRT correctly identified nature of Applicant's claim – findings on credibility – RRT did not accept the applicant's evidence – RRT's reasons to be read beneficially – whether being a Tamil per se gives rise to a well-founded fear of persecution – whether incorrect to contend that Applicant had a well-founded fear of persecution independently of his personal claims – impact of High Court decision in Yusuf on Full Federal Court's decision in Sellamuthu. Migration Act 1958 (Cth) ss 430(1)(c), 476(1)(a), 476(1)(b), 476(1)(c) and 476(1)(e) Collector of Customs v Pozzolanic (1993) 43 FCR 280 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Vichlenkova v Minister for Immigration and Multicultural Affairs [1999] 1338 referred to Mwakaya v Minister for Immigration and Multicultural Affairs [2000] FCA 1637 referred to Re Minister for Immigration and Multicultural Affairs; ex parte Durairajasingham (2000) 168 ALR 407 referred to W168/00A v Minister for Immigration and Multicultural Affairs [2001] FCA 538 applied Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 dist Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 applied Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to BALALINGAM APPAKUTTI VISVALINGAM v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 23 of 2001

CONTI J 8 JUNE 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 23 OF 2001

BETWEEN: BALALINGAM APPAKUTTI VISVALINGAM

APPLICANT