Santhikumar v Minister for Immigration & Multicultural affairs [1999] FCA 1777

Santhikumar v Minister for Immigration & Multicultural affairs [1999] FCA 1777

No reviewable error of law was shown. The Refugee Review Tribunal considered the appellants' explanations and supplementary submissions, and its adverse credibility findings concerning the first appellant were open on the evidence. The material did not establish actual bias. The Tribunal considered country information and the first appellant's claimed fears, and its findings were reasonably available. As to the fifth appellant, the evidence permitted the Tribunal to find that any extortion risk arose from perceived wealth rather than Tamil ethnicity, and that relocation to Colombo was safe and reasonable. The primary Judge made no error of principle or law.

Jurisdiction
Australia
Judgment Date
23 December 1999
Procedural Posture
Migration Appeal Concerning Applications for Protection Visas / Appeal From a Judge of the Federal Court Dismissing an Application for Review of a Refugee Review Tribunal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'credibility Findings' 'error of Law' 'failure to Consider Evidence and Submissions' 'actual Bias' 'pre Judgment' 'well Founded Fear of Persecution' 'extortion' 'relocation']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visas' 'refugee Review Tribunal' 'credibility Findings' 'error of Law' 'failure to Consider Evidence and Submissions' 'actual Bias' 'pre Judgment' 'well Founded Fear of Persecution' 'extortion' 'relocation']

Case Brief

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Procedural Posture

Migration Appeal Concerning Applications for Protection Visas / Appeal From a Judge of the Federal Court Dismissing an Application for Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal made a reviewable error of law by failing to consider and make findings on evidence and submissions concerning the first appellant's credibility and cassette tapes." 'Whether adverse credibility findings against the first appellant were open on the evidence.' 'Whether the Refugee Review Tribunal was affected by actual bias or pre-judgment.' "Whether the Refugee Review Tribunal failed to consider changed circumstances in Sri Lanka and the nature of the first appellant's fear as a Tamil from Valvettithurai." "Whether the fifth appellant's asserted risk of extortion amounted to persecution for a Convention reason." 'Whether relocation to Colombo was a reasonable option for the fifth appellant.']

Ratio Decidendi

No reviewable error of law was shown. The Refugee Review Tribunal considered the appellants' explanations and supplementary submissions, and its adverse credibility findings concerning the first appellant were open on the evidence. The material did not establish actual bias. The Tribunal considered country information and the first appellant's claimed fears, and its findings were reasonably available. As to the fifth appellant, the evidence permitted the Tribunal to find that any extortion risk arose from perceived wealth rather than Tamil ethnicity, and that relocation to Colombo was safe and reasonable. The primary Judge made no error of principle or law.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed with costs.']