Addai v Minister for Immigration & Multicultural Affairs [1999] FCA 1702

FEDERAL COURT OF AUSTRALIA

Addai v Minister for Immigration & Multicultural Affairs [1999] FCA 1702 PRACTICE & PROCEDURE – appeal from a decision of a judge ("the primary judge") dismissing proceedings brought by the appellant to set aside a decision of the Refugee Review Tribunal after refusing an adjournment of the hearing of the application in order that the appellant could recast her case – appellant abandoned a case of actual bias some months before the hearing but then sought to revive that ground the day before the hearing – change of position unexplained – whether the primary judge gave too much weight to case management WORDS AND PHRASES – "bias", "case management"

Migration Act 1958 (Cth), ss 476(1)(f), 478 Abebe v Commonwealth (1999) 162 ALR 1, cited Asif v Minister for Immigration & Multicultural Affairs [1999] FCA 1487, distinguished Galea v Galea (1990) 19 NSWLR 263, cited Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, cited Minister for Immigration & Multicultural Affairs v Epeabaka (1999) 84 FCR 411, cited Minister for Immigration & Multicultural Affairs v Eshetu (1999) 73 ALJR 746, cited Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146, distinguished Sun Zhan Qui v Minister for Immigration & Ethnic Affairs (1997) 81 FCR 71, cited

JOSEPHINE ADDAI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 843 OF 1999 WHITLAM, RD NICHOLSON and GYLES JJ SYDNEY 10 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 843 OF 1999

BETWEEN: JOSEPHINE ADDAI

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: WHITLAM, RD NICHOLSON and GYLES JJ

DATE OF ORDER: 10 DECEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant is to pay the costs of the respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.