Sandhu v Minister for Immigration & Multicultural Affairs [2000] FCA 83

FEDERAL COURT OF AUSTRALIA

Sandhu v Minister for Immigration & Multicultural Affairs [2000] FCA 83 MIGRATION – Refugee Review Tribunal refused protection visa without hearing oral evidence of applicant – applicant had expressed desire to give oral evidence but request was overlooked – Tribunal of its own motion reheard application – whether Tribunal empowered to rehear application once determined – whether Tribunal functus officio – Refugee Review Tribunal refused protection visa without hearing oral evidence of applicant – applicant had expressed desire to give evidence but request was overlooked – Tribunal of its own motion reheard application and again refused visa – Tribunal constituted by same person for both decisions – whether in circumstances second decision of Tribunal induced or affected by actual bias. Migration Act 1958 (Cth) s 36 Minister for Immigration and Multicultural Affairs v Bhardwaj [1999] FCA 1806 followed Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 considered Baljit Singh v Minister for Immigration and Multicultural Affairs [1999] FCA 1542 considered HARPREET KAUR SANDHU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 65 OF 1999 MANSFIELD J 10 FEBRUARY 2000 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 65 OF 1999

BETWEEN: HARPREET KAUR SANDHU

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: MANSFIELD J

DATE OF ORDER: 10 FEBRUARY 2000

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 65 OF 1999

BETWEEN: HARPREET KAUR SANDHU