Kodagodage v Minister for Immigration & Multicultural Affairs [2001] FCA 1275

FEDERAL COURT OF AUSTRALIA

Kodagodage v Minister for Immigration & Multicultural Affairs [2001] FCA 1275 MIGRATION – refugees – protection visas - appeal against decision of primary judge dismissing application for review of decision of Refugee Review Tribunal – where initial application for protection visa did not comply with statutory requirements – where delegate made decision on an incomplete application – whether application must be perfectly complete when delegate's decision made – whether deficiencies in application can be cured during merits review by Refugee Review Tribunal. PRACTICE AND PROCEDURE – principles governing a Full Court declining to reconsider an earlier Full Court decision and following that decision. Migration Act 1958 (Cth) ss 29, 36, 40, 45, 46, 47, 48A, 48B, 55, 65, 69, 411 Migration Regulations 1994 (Cth) Regs 2.03, 2.07, 886.21 Yilmaz v Minister for Immigration & Multicultural Affairs (2000) 100 FCR 495 followed Thayananthan v Minister for Immigration & Multicultural Affairs [2001] FCA 831 referred to Wimalaratne v Minister for Immigration & Multicultural Affairs [2000] FCA 964 referred to KODAGODAGE v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS V290 OF 2001 BLACK CJ, BEAUMONT AND HELY JJ 30 AUGUST 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V290 OF 2001

BETWEEN: WIMALASIRI RANAWEERA KODAGODAGE

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: BLACK CJ, BEAUMONT AND HELY JJ

DATE OF ORDER: 28 AUGUST 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant 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