Amarjit Singh v The Minister for Immigration and Multicultural Affairs [1997] FCA 809

FEDERAL COURT OF AUSTRALIA

IMMIGRATION - second application - protection visa - whether Tribunal constituted by same member as in previous hearing breaches s 420 of Migration Act - whether this constitutes actual or ostensible bias - s 420 imposes procedure to be followed - whether Tribunal constituted by same member as previous hearing fetters discretion to consider previous determination as permitted by s 416. IMMIGRATION - bias - not objecting to bias will not constitute waiver where party is not aware of right to object. IMMIGRATION - application for review - absence of material to justify decision - ground not made out. Migration Act 1958 ss 416, 420, 476 (1)(a) and 476(1)(f) Minister for Immigration and Ethnic Affairs v Singh (1997) 142 ALR 191, considered and applied Eshetu v Minister for Immigration and Multicultural Affairs (Full Court, Federal Court, 10 July 1997, unreported), considered and applied R v Watson, ex parte Armstrong (1976) 136 CLR 248, applied Vakauta v Kelly (1989) 167 CLR 568, applied Nickelseekers Ltd v Vance [1985] 1 Qd.R. 266, applied Murillo-Nunez v Minister for Immigration and Ethnic Affairs (1995) 63 FCR 150, considered and distinguished Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (Federal Court, 6 May 1997, unreported), considered and applied R v Mullins; ex parte Stenhouse (1971) Qd.R. 66, considered AMARJIT SINGH v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS SG 2 of 1997 MANSFIELD J ADELAIDE 19 AUGUST 1997

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA ) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) SG 2 OF 1997 ) GENERAL DIVISION ) BETWEEN: AMARJIT SINGH Applicant AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent JUDGE: MANSFIELD J PLACE: ADELAIDE DATED: 19 AUGUST 1997 MINUTES OF ORDER THE COURT ORDERS THAT: (1) The application for review be granted. (2) The matter be remitted to a differently constituted Refugee Review Tribunal for redetermination.