Zaltni v Minister for Immigration & Multicultural Affairs [1999] FCA 831

FEDERAL COURT OF AUSTRALIA

Zaltni v Minister for Immigration & Multicultural Affairs [1999] FCA 831 IMMIGRATION – application for review of a decision of the Refugee Review Tribunal – whether failure by the Tribunal to address all of the applicant's claims – whether evidence or other material existed to justify the making of the decision – whether actual bias – where certain matters and material not put to the applicant by the Tribunal Migration Act 1958 (Cth) ss 36, 65(1), 415, 420, 425, 427(1), 476, 476(2)(a) Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577, followed Sellamuthu v Minister for Immigration and Multicultural Affairs [1999] FCA 247, distinguished R v Secretary of State for the Home Department, Ex parte Gashi, The Times, 31 March 1999 (Court of Appeal, 25 March 1999, Evans, Thorpe and Buxton LJJ), referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, 136 ALR 481, cited Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71, 151 ALR 505, referred to ZALTNI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N250 of 1999 GYLES J

21 JUNE 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N250 of 1999

BETWEEN: LARBI BEN MOHAMED DIT HAM ZALTNI

Applicant

AND: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: GYLES J

DATE OF ORDER: 21 JUNE 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Application be dismissed. 2. The Applicant pay the Respondent's costs. 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 N250 of 1999

BETWEEN: LARBI BEN MOHAMED DIT HAM ZALTNI