FEDERAL COURT OF AUSTRALIA
Mihindukulusuriya v Minister for Immigration and Multicultural Affairs
(2001) FCA 617
PATABENDIGE SHAVINDRA SRINATH MIHINDUKULUSURIYA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
V 896 OF 2000
WHITLAM, NORTH AND GYLES JJ
8 MAY 2001
MELBOURNE
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IN THE FEDERAL COURT OF AUSTRALIA |
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V 896 OF 2000 |
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BETWEEN: |
PATABENDIGE SHAVINDRA SRINATH MIHINDUKULUSURIYA APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
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DATE OF ORDER: |
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WHERE MADE: |
THE COURT ORDERS THAT:
1. The appeal is dismissed.
2. The appellant is to pay the respondent’s costs of the appeal.
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IN THE FEDERAL COURT OF AUSTRALIA |
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V 896 OF 2000 |
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BETWEEN: |
PATABENDIGE SHAVINDRA SRINATH MIHINDUKULUSURIYA APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
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JUDGE: |
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DATE: |
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PLACE: |
REASONS FOR JUDGMENT
1 The amended ground of appeal was not raised before his Honour. In our view, there is no merit in this ground. It depends upon the proposition that the Tribunal failed to make a finding whether or not the applicant was detained. On a fair reading of the reasons of the Tribunal, it is clear that the Tribunal rejected the applicant’s case that he was detained, and it expressed a number of reasons for this conclusion.
2 As to the other grounds of appeal, they repeat the arguments put to the trial judge, which arguments were rejected by him. We agree with his Honour’s conclusion and the reasons he gave, upon which we cannot improve.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Whitlam, North and Gyles. |
Associate:
Dated: 25 May 2001
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Counsel for the Applicant: |
Mr A Krohn |
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Solicitor for the Applicant: |
Gandhi Associates |
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Counsel for the Respondent: |
Mr P Gray |
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Solicitor for the Respondent: |
Australian Government Solicitor |
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Date of Hearing: |
8 May 2001 |
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Date of Judgment: |
8 May 2001 |
