Rerukana v Minister for Immigration & Multicultural Affairs [2002] FCA 472

FEDERAL COURT OF AUSTRALIA

Rerukana v Minister for Immigration & Multicultural Affairs [2002] FCA 472 MIGRATION – review of decision of Refugee Review Tribunal – refusal to grant protection visa – applicant claimed persecution because of association with provision of arms to Liberation Tigers of Tamil Eelam – error of law – whether jurisdictional error – whether Tribunal identified wrong issue – whether Tribunal asked wrong question – whether Tribunal erred in law with respect to what constitutes persecution – whether Tribunal failed to apply "what if I am wrong test". Migration Act 1958 (Cth): ss 476(1)(b), (c) & (e) Craig v State of South Australia (1995) 184 CLR 163 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 referred to Khan v Minister for Immigration and Ethnic Affairs [2000] FCA 1478 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied PATTIDORACHANDIMARASIKARERUKANAvMINISTERFORIMMIGRATION AND MULTICULTURAL AFFAIRS V 889 of 2001 GOLDBERG J 17 APRIL 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 889 of 2001

BETWEEN: PATTIDORA CHANDIMA RASIKA RERUKANA

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 17 APRIL 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of and incidental to the application. 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 889 of 2001

BETWEEN: PATTIDORA CHANDIMA RASIKA RERUKANA

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS