Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Multicultural Affairs v SZGMF [2006] FCAFC 138 MIGRATION – whether Tribunal member had made up mind to affirm decision of delegate at time of sending s 424A letter – test for apprehended bias – no obligation to maintain neutral state of mind during review of decision – critical that Tribunal member not close mind against further probative material – Held: no reasonable apprehension of bias. MIGRATION – compliance with s 424A of the Act – whether particulars of information the reason, or a part of the reason, for affirming the decision under review were provided to the respondent – whether explanation of why information relevant to review was sufficient – Held: particulars of relevant information not provided and insufficient explanation of relevance to review. Migration Act 1958 (Cth) ss 36, 424A, 430 Re Refugee Review Tribunal; ex parte H (2001) 179 ALR 425 applied MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v SZGMF AND REFUGEE REVIEW TRIBUNAL NSD 593 OF 2006
BRANSON, FINN AND BENNETT JJ
7 September 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 593 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Appellant
AND: SZGMF
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGES: BRANSON, FINN AND BENNETT JJ
DATE OF ORDER: 7 september 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 593 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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