Paranawithana v Minister for Immigration & Multicultural Affairs [2001] FCA 941

FEDERAL COURT OF AUSTRALIA

Paranawithana v Minister for Immigration & Multicultural Affairs [2001] FCA 941 MIGRATION – review of decision of Refugee Review Tribunal – where applicant's submissions seek to show that the Refugee Review Tribunal attributed too much weight to independent evidence and too little weight to his evidence – whether the Refugee Review Tribunal correctly applied the 'real chance' test Migration Act 1958(Cth) s 476(1)(e), s 476(1)(g) Federal Court Rules O 32 r 2 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 followed JAGATH BANDULA PARANAWITHANA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 158 of 2001 STONE J MELBOURNE 20 JULY 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 158 OF 2001

BETWEEN: JAGATH BANDULA PARANAWITHANA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 19 JULY 2001

WHERE MADE: MELBOURNE

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

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 158 OF 2001

BETWEEN: JAGATH BANDULA PARANAWITHANA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE: 19 JULY 2001

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 On 13 November 1998, the applicant, a citizen of Sri Lanka, applied to the respondent ("Minister") for a protection visa under the Migration Act 1958 (Cth) ("Act"). The application was refused by a delegate of the Minister on 14 December 1998 and that decision was affirmed by the Refugee Review Tribunal ("Tribunal") on 17 January 2001.