Minister for Immigration and Multicultural Affairs v Perera [2001] FCA 1212

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural Affairs v Perera [2001] FCA 1212 MIGRATION – appeal from the decision of primary judge – review of decision by Tribunal to refuse application for protection visa – whether Tribunal failed to rationally assess evidence before it – whether such failure in reasoning constitutes reviewable error of law – whether the reasoning of the Tribunal amounted to a "non-sequitur" Migration Act 1958 (Cth) s476 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed Collector of Customs v Pozzolanic (1993) 43 FCR 280 referred to Minister for Immigration and Multicultural Affairs v Epeabaka (1998) 84 FCR 411 followed Gamaethige v Minister for Immigration and Multicultural Affairs [2001] FCA 565 cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 followed Minister for Immigration and Multicultural Affairs v Guo (1997) 191 CLR 559 cited Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 not followed Brakni v Minister for Immigration and Multicultural Affairs [2001] FCA 48 cited Minister for Immigration and Multicultural Affairs v Al-Miahi [2001] FCA 744 cited Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] 106 FCR 426 cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v PATHIRAGE DON MAHINDA PERERA W 60 OF 2001 HILL, O'LOUGHLIN AND CARR JJ ADELAIDE (HEARD IN PERTH) 29 AUGUST 2001

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 60 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

APPELLANT

AND: PATHIRAGE DON MAHINDA PERERA

RESPONDENT

JUDGES: HILL, O'LOUGHLIN AND CARR JJ

DATE OF ORDER: 29 AUGUST 2001