Minister for Immigration and Multicultural Affairs v Rajamanikkam

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, McHUGH, KIRBY AND CALLINAN JJMINISTER FOR IMMIGRATION AND   APPELLANTMULTICULTURAL AFFAIRSANDNADASARA RAJAMANIKKAM & ANOR  RESPONDENTSMinister for Immigration and Multicultural Affairs v Rajamanikkam[2002] HCA 328 August 2002S122/2001ORDER1.   Appeal allowed.2.   Order 1 made by the Full Court of the Federal Court on 3 August 2000 set aside and in lieu thereof:a)     appeal to that Court allowed;b)     Orders 1 and 2 made by Einfeld J on 19 November 1999 set aside; andc)   application for review of the decision of the Refugee Review Tribunal of 29 September 1998 dismissed.On appeal from the Federal Court of AustraliaRepresentation: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.CATCHWORDSMinister for Immigration and Multicultural Affairs v RajamanikkamImmigration – 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...