Thayananthan v Minister for Immigration & Multicultural Affairs [2001] FCA 831

FEDERAL COURT OF AUSTRALIA

Thayananthan v Minister for Immigration & Multicultural Affairs [2001] FCA 831 MIGRATION – refugees – protection visa – application – questions concerning claims for refugee status not answered on application form – statement later forwarded to Department of Immigration & Multicultural Affairs setting out claims – statement received before delegate determined application – delegate considered application and refused to grant protection visa – Tribunal affirmed decision of delegate – whether original application was valid – whether Tribunal's decision was within Tribunal's jurisdiction or was authorised by Migration Act 1958(Cth) – whether delegate's decision was authorised by Act.

Migration Act 1958(Cth): ss 47, 65, 69, 411, 412, 476(1) (b) & (c)

Yilmaz v Minister for Immigration & Multicultural Affairs (2000) 100 FCR 495 followed Telstra Corporation Ltd v Treloar (2000) 102 FCR 595 referred to Li Wen Han v Minister for Immigration & Multicultural Affairs [2000] FCA 421 referred to

CHELLIAH DAVID THAYANANTHAN, SATHYA JEEVAMALAR THAYANANTHAN, MARLIN MADURA THAYANANTHAN AND SABEENA DAYANI THAYANANTHAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 1042 OF 2000

MOORE, TAMBERLIN AND GOLDBERG JJ 4 JULY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1042 OF 2000

ON APPEAL FROM A SINGLE JUDGE OF THE

FEDERAL COURT OF AUSTRALIA

BETWEEN: CHELLIAH DAVID THAYANANTHAN, SATHYA JEEVAMALAR THAYANANTHAN, MARLIN MADURA THAYANANTHAN AND SABEENA DAYANI THAYANANTHAN

APPELLANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: MOORE, TAMBERLIN AND GOLDBERG JJ

DATE OF ORDER: 4 JULY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules