Sivakumaran v Minister for Immigration & Multicultural Affairs [2001] FCA 1496

FEDERAL COURT OF AUSTRALIA

Sivakumaran v Minister for Immigration & Multicultural Affairs [2001] FCA 1496 V 569 of 2000

KANDIAH SIVAKUMARAN, SATHANATHY SIVAKUMARAN and SANGHAVY SIVAKUMARAN -v- THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RYAN J

25 OCTOBER 2001

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 569 of 2000

BETWEEN: KANDIAH SIVAKUMARAN

First Applicant

SATHANATHY SIVAKUMARAN

Second Applicant

SANGHAVY SIVAKUMARAN

Third Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: RYAN J

DATE OF ORDER: 25 OCTOBER 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS: 1. THAT the application be dismissed. 2. THAT the applicants pay the respondent's costs of the application, including any reserved costs, such costs to be taxed in default of agreement. 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 569 of 2000

BETWEEN: KANDIAH SIVAKUMARAN

First Applicant

SATHANATHY SIVAKUMARAN

Second Applicant

SANGHAVY SIVAKUMARAN

Third Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: RYAN J

DATE: 25 OCTOBER 2001

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 The applicants are Sri Lankan nationals who arrived in Australia on visitors' visas on 24 August 1998. On 6 October 1998 they applied for protection visas. That application was rejected by a delegate of the Minister on 12 March 1999. On 25 March 1999 the applicants applied to the Refugee Review Tribunal ("the Tribunal") for a review of that decision. Following a hearing on 28 March 2000, the Tribunal, on 7 July 2000, handed down its decision, dated 22 June 2000, affirming the delegate's decision. On 3 August 2000 the applicants filed an application in this Court for a review of the Tribunal's decision under the Migration Act 1958 (Cth).