VAO v Minister for Immigration & Multicultural Affairs [2002] FCAFC 31; [2002] FCA 161

VAO v Minister for Immigration & Multicultural Affairs [2002] FCAFC 31 VAO v Minister for Immigration & Multicultural Affairs [2002] FCA 161

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation. * All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series. * All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

VAO v Minister for Immigration & Multicultural Affairs [2002] FCA 161

MIGRATION – protection visa – whether primary judge erred in dismissing application to review decision of Refugee Review Tribunal – whether Tribunal bound to take into account evidence put to it in appellant's brother's application for protection visa where that evidence was not put before it in appellant's application – whether Tribunal's reliance on "country information" not current at the time of its decision involved an error of law – whether Tribunal's decision affected by actual bias – discussion of difference, if any, between "invincible" and "actual" bias Migration Act 1958 (Cth) s425, s476

Migration Legislation Amendment (Judicial Review) Act 2001

Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17, (2001) 178 ALR 421, ALR 438, applied

Australian Workers Union v Bowen (No 2) (1948) 77 CLR 601, referred to

Adlam v Bauer (1999) 93 IR 114, [1999] FCA 1504, referred to