Thirukkumar v Minister for Immigration and Multicultural Affairs [2001] FCA 864

FEDERAL COURT OF AUSTRALIA

Thirukkumar v Minister for Immigration and Multicultural Affairs [2001] FCA 864 MIGRATION – protection visa – application for review of decision of Refugee Review Tribunal – report of psychologist stating applicant's psychological condition consistent with her history of trauma – Tribunal adverting to report but otherwise not accepting applicant's account – whether failure to "consider" application – whether failure to consider "relevant" matter – whether failure to determine "substantive issue" Migration Act 1958 (Cth) s 476(1)(b),(c) and (e) Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274 at [70] to [72] and [78] applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 at [75], [76], [78], [80] to [82] applied Paramantham v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 at 64 mentioned R v War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228 at 242 applied Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 at [65] – [67] applied Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 at 39-42 applied NAGAMUTHU RANJINIDEVI THIRUKKUMAR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 42 OF 2001 HEEREY J 10 JULY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V42 OF 2001

BETWEEN: NAGAMUTHU RANJINIDEVI THIRUKKUMAR

FIRST APPLICANT

RAJANAYAGAM THIRUKKUMAR

SECOND APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 10 JULY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.