Joseph v Minister for Immigration & Multicultural Affairs [2002] FCA 683

FEDERAL COURT OF AUSTRALIA

Joseph v Minister for Immigration & Multicultural Affairs [2002] FCA 683 MIGRATION - protection visa - understatement of effect of applicant's evidence – whether reviewable error – whether tribunal failed to deal with issue of persecution by reason of applicant's absence from Sri Lanka – statement of tribunal that it was not convinced of truth of applicant's evidence of her arrest and detention – whether tribunal imposed an onus of proof on applicant – whether tribunal applied "real chance" test – whether tribunal misunderstood meaning of "persecution" – whether Convention reason a necessary element of persecution

Migration Act 1958 (Cth) ss 5(1), 36, 476(1) Yusuf v Minister for Immigration & Multicultural Affairs [2001] HCA 30 (2001) 180 ALR 1 referred to Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719 (1999) 93 FCR 220 considered Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 referred to ROSHANI MANJULA JOSEPH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 874 of 2001 GRAY J 30 MAY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 874 of 2001

BETWEEN: ROSHANI MANJULA JOSEPH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 30 MAY 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the proceeding. 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 874 of 2001

BETWEEN: ROSHANI MANJULA JOSEPH