Minister for Immigration and Multicultural Affairs v Rajamanikkam [2002] HCA 32

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, KIRBY AND CALLINAN JJ

MINISTER FOR IMMIGRATION AND APPELLANT

MULTICULTURAL AFFAIRS

AND

NADASARA RAJAMANIKKAM & ANOR RESPONDENTS

Minister for Immigration and Multicultural Affairs v Rajamanikkam

[2002] HCA 32

8 August 2002

S122/2001

ORDER

1. Appeal allowed. 2. Order 1 made by the Full Court of the Federal Court on 3 August 2000 set aside and in lieu thereof: 3. appeal to that Court allowed; 4. Orders 1 and 2 made by Einfeld J on 19 November 1999 set aside; and 5. application for review of the decision of the Refugee Review Tribunal of 29 September 1998 dismissed.

On appeal from the Federal Court of Australia

Representation:

J Basten QC with S B Lloyd for the appellant (instructed by Australian Government Solicitor)

D K Catterns QC with N C Poynder for the respondents (instructed by Craddock Murray Neumann)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Minister for Immigration and Multicultural Affairs v Rajamanikkam

Immigration – Protection visa – Decision of a delegate to the Minister for Immigration and Multicultural Affairs refusing the respondent's application for protection visa and refugee status – Delegate's decision affirmed by Refugee Review Tribunal – Respondent from Sri Lanka lodged application for refugee status and protection visa on basis of fear of persecution – Refugee Review Tribunal rejected the respondent's application concluding the primary claim was concocted – Consideration of the scope of "no evidence" ground of review in s 476(1)(g) and s 476(4) of the Migration Act 1958 (Cth) – Whether factors identified by Refugee Review Tribunal going to the credibility of the respondent were based on facts that did not exist – Whether "no evidence" ground made out – Whether particular facts on which the respondent relied did exist – Whether particular facts that did not exist were critical to the making of the Refugee Review Tribunal's decision – Relevance of similar provisions in Administrative Decisions (Judicial Review) Act 1977 (Cth).