The Minister for Immigration, Local Government & Ethnic Affairs & Anor v Bouy, M.G. [1994] FCA 1035

JUDGMENT No. JOSS. 2h.

IN THE FEDERAL COURT OF AUSTRALIA )

VICTORIA DISTRICT REGISTRY ) No. VG508 of 1994 GENERAL DIVISION )

BETWEEN: THE MINISTER FOR IMMIGRATION, LOCAL, GOVERNMENT AND ETHNIC AFFAIRS AND MALCOLM PATERSON

Appellants

AND: MOK GEK BOUY Respondent

BLACK CJ, LOCKHART and SHEPPARD JJ.

CORRIGENDUM TO REASONS FOR JUDGMENT DELIVERED ON 22 DECEMBER 1994

Delete the words and figures "60 per cent" from p. 70 of the

judgment of Sheppard J and substitute therefor the words "two- thirds".

I certify that this is a true copy of a corrigendum Made to the reasons for judgment in this matter of the Honourable Justice Sheppard.

Associate "Rte dine

Dated 2 Murch (445

-3 MAR 1999

OF RAL COURT

FEDETSTRAL A PRINCIPAL REGIST AY

JUDGMENT No, KOSS Fe,

CATCHWORDS

ADMINISTRATIVE LAW - judicial review - immigration - application to review decision of Minister's delegate refusing respondent (to appeal) refugee status ~ whether decision should be set aside because reasonable bystander or party acting reasonably might reasonably apprehend bias on decision- maker's part - consideration of relevant principles - whether respondent had well-founded fear of persecution - analysis of decision~maker's reasons for decision - whether decision-maker

applied correct principles.

Migration Act 1958 (as in force 3 November 1992), ss 4, 22AA, 22AB, 22AD

Convention relating to the Status of Refugees 1954, Article 1.

Protocol relating to the Status of Refugees 1976.

THE MINISTER FOR IMMIGRATION LOCAL GOVERNMENT AND ETHNIC

AFFAIRS AND MALCOLM PATERSON v MOK GEK BOUY

No. VG 508 of 1994

CORAM: BLACK CJ, LOCKHART and SHEPPARD JJ PLACE: Melbourne FEDEAAL DATE: 22 December 1994 AUSTRALIA oF PRINCIPAL

REGISTAY

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IN THE FEDERAL COURT OF AUSTRALIA } VICTORIA DISTRICT REGISTRY ) No. VG508 of 1994 GENERAL DIVISION )

BETWEEN: THE MINISTER FOR IMMIGRATION, LOCAL