Borsa, Iona v Minister for Immigration & Multicultural Affairs [1998] FCA 848

FEDERAL COURT OF AUSTRALIA MIGRATION - judicial review - remedies - application for permanent residence pre‑dating 1 September 1994 - whether decision of Tribunal subsequent to that date open to review under Administrative Decisions (Judicial Review) Act 1977 (Cth) - whether applicant had accrued right or benefit of presumptions against retrospectivity or ouster of jurisdiction. MIGRATION - application for permanent residence - application pre-dating 1 September 1994 - affirmation of decision by Tribunal - whether Tribunal gave adequate reasons - whether Tribunal fell into error of law - whether Tribunal affected by actual bias. MIGRATION - jurisdiction - application for review - whether ground of review in s 476(1)(e) of Migration Act 1958 (Cth) includes grounds of failure to take into account a relevant consideration; taking into account an irrelevant consideration and unreasonableness. Administrative Decisions (Judicial Review) Act 1977 (Cth) Migration Act 1958 (Cth), ss 368(1), 475(1)(a), 476(1)(e), 485(1) Acts Interpretation Act 1901 (Cth), ss 8, 8A Migration Reform Act 1992 (Cth) Migration Reform (Transitional Provisions) Regulations, reg 23(3) Migration Regulations 1993, cl 820.721, par (2)(b) Yao v Minister for Immigration and Ethnic Affairs (1996) 69 FCR 583, followed Palwinder Singh v Minister for Immigration and Ethnic Affairs and Immigration Review Tribunal (von Doussa J, Federal Court of Australia, 31 January 1996, unreported), followed Man Ki Kim v Minister for Immigration and Ethnic Affairs (1995) 37 ALD 481, followed Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, followed Jones v Minister for Immigration and Ethnic Affairs (1995) 63 FCR 32, distinguished Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300, discussed Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505, followed Li Shi Ping v Minister for Immigration Local Government and Ethnic Affairs (1994) 35 ALD225, followed IONA BORSA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS WAG 154 OF 1997 R D NICHOLSON J PERTH 17 JULY 1998