Rupasinghe v Minister for Immigration & Multicultural Affairs [2001] FCA 958

FEDERAL COURT OF AUSTRALIA

Rupasinghe v Minister for Immigration & Multicultural Affairs [2001] FCA 958 MIGRATION – review of decision of Refugee Review Tribunal ("Tribunal") – whether decision involved an error of law – whether the Tribunal erred in concluding that past harm experienced by the applicants did not amount to persecution – whether such an error would have affected the ultimate decision – whether there had been a change of circumstances since the past conduct had occurred – whether the Tribunal wrongly applied the "well-founded fear" test – whether the Tribunal was obliged to consider whether the applicants had access to effective state protection once it had found that the applicants did not have a well-founded fear of persecution Migration Act 1958 (Cth) s 476(1)(e) Minister for Immigration and Multicultural Affairs v Thiyagarajah (2000) 199 CLR 343 followed Minister for Immigration and Multicultural Affairs v "X" [2001] FCA 858 distinguished Capa v Minister for Immigration & Multicultural Affairs [2001] FCA 898 distinguished Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Minister for Immigration and Multicultural Affairs v Sarrazola [2001] FCA 263 followed Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 considered Puerta v Minister for Immigration and Multicultural Affairs [2001] FCA 309 followed

HIROSAN RICHARD PERERA RUPASINGHE & ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 989 of 2000 STONE J 23 JULY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 989 OF 2000

BETWEEN: HIROSAN RICHARD PERERA RUPASINGHE

FIRST APPLICANT

IRANGA SANJEEWANI RUPASINGHE

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS