Karnafi v Minister for Immigration & Multicultural Affairs [1999] FCA 191

FEDERAL COURT OF AUSTRALIA

Karnafi v Minister for Immigration & Multicultural Affairs [1999] FCA 191 MIGRATION – judicial review of decision of Refugee Review Tribunal refusing to grant applicant protection visa – standard of proof – whether "real chance" test applicable to findings of past fact – whether Tribunal member applied incorrect standard of proof – actual bias – whether Tribunal member exhibited actual bias – "substantial justice" – Tribunal member set "credibility tests" for applicant and another witness – tests not pursued to completion nor referred to in reasons – Tribunal member made adverse findings as to credibility of applicant – whether failure to act according to "substantial justice" in a procedural sense WORDS AND PHRASES – "real chance" – "substantial justice"

Migration Act 1958 (Cth) ss 420, 476(1)(a), 476(1)(e), 476(1)(f)

Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 followed Minister for Immigration and Ethnic Affairs v Wu (1996) 185 CLR 259 followed Minister for Immigration and Multicultural Affairs v Ebeabaka [1999] FCA 1 followed Pandari v Minister for Immigration and Ethnic Affairs (Sackville J, Federal Court of Australia, 23 December 1998, unreported) cited Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 cited Re JRL; ex parte CJL (1986) 161 CLR 342 at 352 cited Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300 applied

ABBAS KARNAFI v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 996 OF 1998

LEHANE J

10 MARCH 1999

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 996 OF 1998

BETWEEN: ABBAS KARNAFI

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS