Tennakoon v Minister for Immigration & Multicultural Affairs [2001] FCA 1685

FEDERAL COURT OF AUSTRALIA

Tennakoon v Minister for Immigration & Multicultural Affairs [2001] FCA 1685

KOSALA GIHAN TENNAKOON v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 601 OF 2001 DRUMMOND, RD NICHOLSON AND SUNDBERG JJ 23 NOVEMBER 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 601 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: KOSALA GIHAN TENNAKOON

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: DRUMMOND, RD NICHOLSON AND SUNDBERG JJ

DATE OF ORDER: 23 NOVEMBER 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application for leave to amend the notice of appeal and for adjournment of the hearing is refused.

2. The appeal be dismissed.

3. The appellant pay the respondent's costs of the appeal.

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 601 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: KOSALA GIHAN TENNAKOON

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: DRUMMOND, RD NICHOLSON AND SUNDBERG JJ

DATE: 23 NOVEMBER 2001

PLACE: MELBOURNE

REASONS FOR JUDGMENT

1 DRUMMOND J: Counsel who now appears for the appellant has made application to the Court for leave to amend the notice of appeal to raise the following new ground of appeal:

"There was no evidence or other material to justify the making of the decision relating to the appellant by the Refugee Review Tribunal that 'the Tribunal affirms the decision not to grant a protection visa', made at Melbourne on 14 February 2001 in Tribunal File V00/12114.

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