Jegatheeswaran v Minister for Immigration & Multicultural Affairs [2001] FCA 865

FEDERAL COURT OF AUSTRALIA

Jegatheeswaran v Minister for Immigration & Multicultural Affairs [2001] FCA 865

MIGRATION ‑ Judicial review ‑ Refugee Review Tribunal ‑ Cumulative effect of harm ‑ Decision based on particular fact ‑ "No evidence" ground of review ‑ Meaning of finding of fact ‑ Nature of facts ‑ Ultimate fact ‑ Critical fact ‑ Evidential fact ‑ Distinction between finding of fact and process of reasoning. Migration Act 1958 (Cth) s 476

Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181 applied Tharmalingam v Minister for Immigration and Multicultural Affairs (Lindgren J, 19 May 1998, unreported) cited Kaur v Minister for Immigration and Multicultural Affairs [2000] FCA 1401 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited British Launderers' Research Association v Borough of Hendon Rating Authority [1949] 1 KB 462 cited Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 cited Tracy Village Sports and Social Club v Walker (1992) 111 FLR 32 cited Guden v Minister for Immigration and Multicultural Affairs (2000) 58 ALD 352 considered MARKANDU JEGATHEESWARAN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1367 OF 2000 SUNDBERG, EMMETT & FINKELSTEIN JJ 9 JULY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1367 OF 2000

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MARKANDU JEGATHEESWARAN

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: SUNDBERG, EMMETT & FINKELSTEIN JJ

DATE: 9 JULY 2001

PLACE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.