Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Anavaratham v Minister for Immigration & Multicultural Affairs [2001] FCA 903
MIGRATION - application for protection visa - applicant a Sri Lankan national - whether effective protection available in a third country, India - effect of Tribunal's failure to refer to Art. 33 of Refugees Convention - whether Tribunal erred in failing to note that India not a signatory to Convention - whether "no evidence" in the sense required by s 176(1)(g) of Migration Act to justify finding that effective protection available in India - finding, in the alternative, that applicant did not have a well-founded fear of persecution for a Convention reason in the event of return to Sri Lanka - application of "real chance" test - whether "no evidence" to justify that finding so as to make s 176(1)(g) available. Migration Act 1958, ss 36(2), 430(1)(b) Migration Reform Act 1992 Convention relating to the Status of Refugees 1951 Arts. 1A(2), 1E, 33 and 33(1) Refugees Protocol Art. 1A(2) Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Multicultural Affairs v Gnanapiragasam (unreported, 25 September 1998) Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 Rajendran v Minister for Immigration and Multicultural Affairs (unreported, 4 May 1998) Rajendram v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 526 W228 v Minister for Immigration and Multicultural Affairs [2001] FCA 860 Minister for Immigration and Multicultural Affairs v Al-Sallal (1999) 94 FCR 549 Pei Lan He v Minister for Immigration and Multicultural Affairs [2001] FCA 446 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 235 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 Re Minister for Immigration and Multicultural Affairs, Ex parte Durairajasingham (2000) 168 ALR 407
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