Suntharajah v Minister for Immigration & Multicultural Affairs [2001] FCA 1391

FEDERAL COURT OF AUSTRALIA

Suntharajah v Minister for Immigration & Multicultural Affairs [2001] FCA 1391

MIGRATION – visa – protection visa – whether right to enter and reside in third country – applicant the holder of a UK student visa – ceased studying and left UK – applicant claimed visa would be cancelled on arrival in UK – RRT failed to make finding on this issue – whether error of law

Migration Act 1958 (Cth) ss 36, 476 Border Protection Legislation Amendment Act 1999 (Cth)

Minister for Immigration & Multicultural Affairs v Applicant C [2001] FCA 1332 applied Minister for Immigration & Multicultural Affairs v Thiyagarajah (1998) 80 FCR 543 cited Rajendran v Minister for Immigration & Multicultural Affairs (1998) 86 FCR 526 cited Minister for Immigration & Multicultural Affairs v Gnanapiragasam (1998) 88 FCR 1 cited Minister for Immigration & Multicultural Affairs v Yusuf [2001] HCA 30 (2001) 180 ALR 1 cited SURESH SUNTHARAJAH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 27 of 2001 GRAY J 2 OCTOBER 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 27 of 2001

BETWEEN: SURESH SUNTHARAJAH

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 2 OCTOBER 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal made on 24 November 2000, affirming a decision not to grant the applicant a protection visa, be set aside. 2. The matter the subject of the decision be referred to the Refugee Review Tribunal for further consideration. 3. For the purposes of such further consideration, the Refugee Review Tribunal be constituted by a member other than the member who made the decision. 4. The respondent pay the applicant's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.