MIGRATION – appeals in one case by refugee-claimant, in other by Minister – application for judicial review of decisions of Refugee Review Tribunal failed in one case and succeeded in the other – substantially identical passage in Tribunal’s Reasons for Decision in both cases – arrest, detention and interrogation of young Tamil males from areas in Sri Lanka controlled by Liberation Tigers of Tamil Eelam – subsequent torture in detention – Tribunal’s approach of distinguishing between detention of such persons and what happened to them in detention – former, although discriminatory, held not ‘persecution’ because motivated by need to combat terrorism – latter held not shown to be motivated by Convention ground – error of law arising from approach taken – failure to address question whether ‘real chance’ of persecution – failure to address claims made in recent report supplied by refugee-claimants’ solicitor to Tribunal.
Citations:
[1998] FCA 1693
Links:
Jurisdiction:
Australia
Cited by:
Cited – Regina v Immigration Appeal Tribunal on the Application of Paramsothy Sivakumar Admn 22-Jan-2001
The applicant sought a judicial review of a refusal by the IAT of leave to appeal a refusal of asylum. He was a Tamil. He had been coerced into assisting the Tamil Tigers. The Special Adjudicator had considered only one possible convention reason, . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 08 April 2022; Ref: scu.183183
