Sivasubramaniam v Minister for Immigration & Multicultural Affairs [2002] FCAFC 98; FCA 428

Sivasubramaniam v Minister for Immigration & Multicultural Affairs [2002] FCAFC 98; FCA 428

The Tribunal made no error of law in rejecting the appellants’ claims regarding persecution, effective protection, and relocation. The grounds of appeal are not made out.

Jurisdiction
Australia
Judgment Date
15 April 2002
Procedural Posture
Appeal / Judgment of Full Court on Appeal From Single Judge
Outcome
appeal dismissed
Legal Topics
['protection Visas' 'reviewable Error' 'effective State Protection' 'relocation Principle' 'well Founded Fear of Persecution']
['migration'] ['protection Visas' 'reviewable Error' 'effective State Protection' 'relocation Principle' 'well Founded Fear of Persecution']

Case Brief

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Procedural Posture

Appeal / Judgment of Full Court on Appeal From Single Judge

Legal Issues

  1. 1 ['Whether the Tribunal erred in finding appellants would not be of interest to LTTE after relocation to Sri Lanka' 'Whether Tribunal erred in finding effective state protection available to appellants in Colombo' 'Whether Tribunal erred in finding appellants could avoid persecution by relocating to Colombo']

Ratio Decidendi

The Tribunal made no error of law in rejecting the appellants’ claims regarding persecution, effective protection, and relocation. The grounds of appeal are not made out.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellants pay the respondent's costs of the appeal."]