Singh, Satwinder v Minister For Immigration and Ethnic Affairs [1997] FCA 130

CATCHWORDS IMMIGRATION - application for a protection visa - application for refugee status - whether Refugee Review Tribunal's decision induced or affected by actual bias - Migration Act 1958 (Cth) s476(1)(f). Migration Act 1958 (Cth) ss 475(1)(b), s476(1)(f) Sarbjit Singh v Minister for Immigration and Ethnic Affairs (unreported, Federal Court, Lockhart J, 18 October 1996) SATWINDER SINGH v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS No. NG 961 of 1995 CORAM: BRANSON J PLACE: SYDNEY DATE: 5 MARCH 1997

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 961 of 1995 GENERAL DIVISION ) BETWEEN: SATWINDER SINGH Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM: BRANSON J PLACE: SYDNEY DATE: 5 MARCH 1997 MINUTES OF ORDER

THE COURT ORDERS THAT:

The decision of the Refugee Review Tribunal be affirmed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 961 OF 1995 GENERAL DIVISION ) BETWEEN: SATWINDER SINGH Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM: BRANSON J PLACE: SYDNEY DATE: 5 MARCH 1997

REASONS FOR JUDGMENT

By an application dated 20 December 1995 made pursuant to s476 of the Migration Act 1958 (Cth) ("the Act") Satwinder Singh seeks review by the Court of a decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister for Immigration and Ethnic Affairs ("the delegate"). The delegate had refused Mr Satwinder Singh's application for a protection visa. The decision of the Refugee Review Tribunal is a "judicially reviewable decision" within the meaning of s475 of the Act (s475(1)(b)). The grounds of the application are expressed as follows: "(1)Procedures required by the Act to be observed in connection with the making of the decision were not observed in that the [tribunal member] failed to accord the applicant a fair hearing.