Wickramasinghe v Minister for Immigration & Multicultural & Indigenous Affairs

The applicant in this case advances through his counsel the same complaint with respect to the above finding as was advanced in the matter of Ms Dinithie Wickramasinghe.

3 In my view, the complaint is without substance because it involves the same erroneous reading of the written reasons for decision as I identified in the matter of Ms Dinithie Wickramasinghe (Wickramasinghe v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 916). Interestingly the written reasons for decision in this case reveal another example of the tendency in the Presiding Member which I identified in the matter of Ms Dinithie Wickramasinghe. Paragraph 40 of the Tribunal's reasons for decision in this case states: "The Tribunal … is unable to find as a fact that the nominator was at the time of the visa application depressed and anxious to a level which could amount to serious circumstances." 4 In my view, it is plain that the Tribunal member intended to convey by the above paragraph that having considered all of the relevant evidence before her she was satisfied that the nominator's depression and anxiety at the relevant time was not of a level which could amount to serious circumstances. 5 For the reasons given in the related matter of Ms Dinithie Wickramasinghe the order of the Court is the application be dismissed. I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Branson.