Ratnayake Liyanage v Minister for Immigration & Multicultural Affairs [2001] FCA 1026

FEDERAL COURT OF AUSTRALIA

Ratnayake Liyanage v Minister for Immigration & Multicultural Affairs [2001] FCA 1026

MIGRATION – protection visa – review of decision of Refugee Review Tribunal refusing visa – applicant a citizen of Sri Lanka – whether Tribunal made an error of law – whether there was no evidence to justify the decision – matters of weight for Tribunal

Migration Act 1958, s 36, s 476(1) Migration Regulations, Schedule 2, clause 866.221

Abebe v Commonwealth (1999) 197 CLR 510 followed Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 followed Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 followed DAYARATNE RATNAYAKE LIYANAGE v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 594 of 2000 KENNY J 1 AUGUST 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 594 OF 2000

BETWEEN: DAYARATNE RATNAYAKE LIYANAGE

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: KENNY J

DATE OF ORDER: 1 AUGUST 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. 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 594 OF 2000

BETWEEN: DAYARATNE RATNAYAKE LIYANAGE

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: KENNY J

DATE: 1 AUGUST 2001

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 This is an application under s 476(1) of the Migration Act 1958 ("the Act") for review of a decision of the Refugee Review Tribunal ("the Tribunal") made on 29 June 2000, affirming a decision of the respondent, by his delegate, not to grant the applicant a protection visa.