Kwakye, Johnson v Minister for Immigration & Multicultural Affairs [1998] FCA 1324

FEDERAL COURT OF AUSTRALIA CITIZENSHIP AND MIGRATION – visas – application for protection visa – refusal by delegate – decision of Refugee Review Tribunal affirming delegate's decision – whether procedures not observed – whether Tribunal decision involved an error law being an incorrect interpretation of the applicable law –whether failure to accord substantial justice and merits of the case – whether failure by Tribunal to act fairly – whether Tribunal actually biased. Migration Act 1958, ss 420(2)(b), 475(1)(b), 476 Minister for Immigration and Ethnic Affairs v Singh (1997) 144 ALR 284, considered Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505, distinguished Guo Wei Zhi v Minister for Immigration and Multicultural Affairs (Davies J, Federal Court of Australia, 24 February 1998, unreported), referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1995) 185 CLR 259, referred to Guo Wei Rong v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 151, followed Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437, followed Senthilnathan Tharmalingam v Minister for Immigration and Ethnic Affairs [1998] Lindgren J, Federal Court of Australia, 19 May 1998, unreported, considered Bilgin v Minister for Immigration and Multicultural Affairs (1997) 149 ALR 281, considered Applicant A v Minister for Immigration and Ethnic Affairs (1997) 142 ALR 331, considered Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1969) 169 CLR 379, considered JOHNSON KWAKYE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 358 of 1998

R D NICHOLSON J PERTH (HEARD IN SYDNEY) 20 OCTOBER 1998

NEW SOUTH WALES DISTRICT REGISTRY NG 358 of 1998

BETWEEN: JOHNSON KWAKYE

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS