Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Selvarajah v Minister for Immigration & Multicultural Affairs [2001] FCA 1307
MIGRATION LAW – Protection visa - Application for review of decision of Refugee Review Tribunal – Whether Refugee Review Tribunal misapprehended applicant's claim – Whether Refugee Review Tribunal failed to consider the aggregation of applicant's claims WORDS AND PHRASES – "cumulative" Migration Act 1958 (Cth) Part 8; ss 29, 36, 65, 475, 476 Migration Regulations 1994 (Cth) Sched 2, cl 866.221 Convention Relating to the Status of Refugees, 1951 Ovcharuk v Minister for Immigration and Multicultural Affairs (1998) 88 FCR 173 cited
Kaur v Minister for Immigration and Multicultural Affairs [2000] FCA 1401 followed
Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1; (1999) 168 ALR 407 followed
SEENITHAMBY SELVARAJAH v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
V 230 OF 2001 MARSHALL J MELBOURNE 11 SEPTEMBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 230 OF 2001
BETWEEN: SEENITHAMBY SELVARAJAH
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 11 SEPTEMBER 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application be dismissed with 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 230 OF 2001
BETWEEN: SEENITHAMBY SELVARAJAH
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE: 11 SEPTEMBER 2001
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an application for judicial review of a decision of the Refugee Review Tribunal ("the RRT"), dated 9 February 2001, which affirmed the decision of a delegate of the respondent Minister not to grant the applicant a protection visa. The review is sought pursuant to Part 8 of the Migration Act 1958 ("the Act").
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