Mihindukulusuriya v Minister for Immigration and Multicultural Affairs

[2001] FCA 617

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 896 OF 2000

BETWEEN:	PATABENDIGE SHAVINDRA SRINATH MIHINDUKULUSURIYA APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	WHITLAM, NORTH, GYLES JJ
DATE OF ORDER:	8 MAY 2001
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.        The appeal is dismissed.

2.        The appellant is to pay the respondent’s costs of the appeal.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 896 OF 2000

BETWEEN:	PATABENDIGE SHAVINDRA SRINATH MIHINDUKULUSURIYA APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	WHITLAM, NORTH, GYLES JJ
DATE:	8 MAY 2001
PLACE:	MELBOURNE

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.

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

Counsel for the Applicant:	Mr A Krohn
Solicitor for the Applicant:	Gandhi Associates
Counsel for the Respondent:	Mr P Gray
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	8 May 2001
Date of Judgment:	8 May 2001