C v MIMA [1999] FCA 1663

FEDERAL COURT OF AUSTRALIA

C v Minister for Immigration & Multicultural Affairs [1999] FCA 1663 MIGRATION – application to review a decision of the Refugee Review Tribunal – Bangladeshi applicant – supporter of BNP – applicant journalist left Bangladesh before change of government and reporting on government overseas – threats made to applicant by government minister while overseas – whether applicant had sufficient political profile to warrant attention of authorities – delay in application for protection visa until long after arrival in Australia – conclusions on credibility drawn from late application for protection visa – inconsistent reasons given for delay in application – finding that the applicant had no genuine fear of persecution if he were to return to Bangladesh – whether error of law. MIGRATION – alleged error of law – whether Tribunal failed to apply "real chance" test – whether Tribunal obliged to ask "What if I am wrong?" in circumstances – whether reasons for decision complied with s 430 Migration Act 1958 (Cth) – whether the Tribunal failed to give adequate reasons. MIGRATION – role of Amnesty International in migration appeals – Tribunal member questioned involvement of Amnesty – whether failure to take account of evidence from Amnesty involved an error of law. ADMINISTRATIVE LAW – actual bias – whether the conduct of the Tribunal was such as to display pre-judgment – whether Tribunal member acted with such partisanship or hostility so as to show closed mind. PRACTICE AND PROCEDURE – application for review of Refugee Review Tribunal decision – no grounds of review in application – whether application competent – whether to dispense with compliance with Rules. Migration Act 1958 (Cth) ss 36(2), 475, 476(1)(a), 477, 478(1) and 478(2) Federal Court RulesO 1 r 8 and O 54B r 2(3) Lazar v Taito (Australia) Pty Ltd (1985) 5 FCR 395 applied Rishmawi v Minister for Immigration and Multicultural Affairs [1999] FCA 611 applied Sharif v Minister for Immigration and Multicultural Affairs [1999] FCA 278 applied Survival & Industrial Equipment (Newcastle) Pty Ltd v Owners of the Vessel "Alley Cat" (1992) 36 FCR 129 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 applied Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 applied Sarbjit Singh v Minister for Immigration and Ethnic Affairs (Lockhart J, 18 October 1996, unreported) applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 applied Attorney-General (NSW) v Quin (1990) 170 CLR 1 applied Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719 applied X v Minister for Immigration and Multicultural Affairs [1999] FCA 697 considered Muralidharan v Minister for Immigration and Multicultural Affairs (1996) 62 FCR 402 considered Han v Minister for Immigration and Multicultural Affairs [1999] FCA 376 considered Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 applied