Kamal Raj v Minister for Immigration & Multicultural Affairs [2000] FCA 74

FEDERAL COURT OF AUSTRALIA

Kamal Raj v Minister for Immigration & Multicultural Affairs [2000] FCA 74 MIGRATION – application for judicial review of a decision of the Migration Review Tribunal to refuse to grant the applicant a visa as a "special need relative" JURISDICTION – whether the Court had jurisdiction to entertain the application under s 478(1)(b) of the Migration Act 1958 (Cth) – whether the application for judicial review had been lodged with a Registry of the Court within twenty-eight days of the applicant being notified of the decision of which review was sought – whether the Tribunal had made a "decision" to affirm the decision under review within the meaning of s 349(2)(a) of the Migration Act 1958 (Cth) – whether that decision was "given orally" or "handed down" in the manner required by s 368 of the Migration Act 1958 (Cth) – whether the applicant was "notified" of the decision in the manner required by s 368 of the Migration Act 1958 (Cth) GROUNDS FOR SEEKING JUDICIAL REVIEW – whether the decision of the Tribunal was affected by actual bias within the meaning of s 476(1)(f) of the Migration Act 1958 (Cth) – assessment by the Tribunal of the relevance of a psychologist's report – reference by the presiding member to circumstances affecting a member of her family – scepticism and impatience on the part of the presiding member WORDS AND PHRASES – "decision" Migration Act 1958 (Cth) ss 349(2), 368, 368A, 368B, 368C, 368D, 379A, 476(1)(f), 478(1)(b) Migration Regulations 1994 (Cth) reg 1.03 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to Tuamoheloa v Minister for Immigration and Multicultural Affairs (Heerey J, 4 November 1998, unreported) referred to Minister for Immigration v Teo (1995) 57 FCR 194 referred to Huang v Minister for Immigration (1996) 71 FCR 95 referred to Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951 applied KAMAL RAJ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1104 OF 1999 LEHANE J 10 FEBRUARY 2000 SYDNEY