Federal Court of Australia
JUDGMENT No. one docd eal of Ee.
(e{e) OF AUST:
ES T REGISTR No. NG 83 of 1994 GENERAL DIVISION BETWEEN: XIANG SHENG LI Applicant AND: REFUGEE REV: UNAL
First Respondent
MINISTER FOR IMMIGRATION ETHNIC AFFAIRS
Second Respondent
JUDGE: Moore J PLACE: sydney DATE: 20 February 1995
GCORRTGENDA
The following amendment is made to his Honour's judgment
of 14 December 1994:
1. On page 23 of the judgment delete the word "Honour's" in line 11 and insert in lieu the word
"Honours".
20 FEB 1995
FEDERAL COURT OF
AUSTRALIA PRINCIPAL REGISTRY
Associate: Fae Vel
Date: 20 February 1995
JUDGMENT No. sucd 2 lend «2.
CATCHWORDS
MIGRATION - decision not to grant refugee status - review by Refugee Review Tribunal - requirement to provide procedural fairness - opportunity for legal representation
ADMINISTRATIVE LAW - rules of natural justice - determination of application before application for legal aid resolved
EVIDENCE - failure of Tribunal member to give evidence - application of rule in Jones v Dunkel
igration Re Act + SS 166C and 166DD
Rv Australian Broadcasting Tribunal: Ex parte Hardiman (1980) 144 CLR 13
Jones _v Dunkel (1959) 101 CLR 298
Rv Marks; Ex parte Australian Building Construction
Eub.cvees- Builders Labourers' Federation (1981) 147 CLR 471 ee Kin v The Minister for igration and Ethnic Affairs
EDI 169 CLR 379
Minister for Immigration, Local Government and Ethnic Affairs v jinnisration Review Tribunal (1993) 41 FCR 71 & v_ Minis for ration Local Gove' ent 3" Tae Affairs, unreported, 19 August 1994, Federal Court and 28 November 1994, unreported, Full Court of the Federal Court
cInnes en (1979) 143 CLR 575
Dietrich v a Queen (1992) 177 CLR 292 New South Wales v Cannellis (1994) 124 ALR 513
azevski_ v Judges' of the District Court of New South Wales (1992) 29 ALD 197
Sullivan v Departnent of Transport (1978) 20 ALR 323
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