Madefferi v Minister for Immigration & Multicultural Affairs[2000] FCA 158

FEDERAL COURT OF AUSTRALIA

Madafferi v Minister for Immigration & Multicultural Affairs [2000] FCA 158 ADMINISTRATIVE LAW – refusal of visa on character grounds – appeal to Administrative Appeals Tribunal – statement of police officer containing allegations by anonymous informers and officer's suspicions – whether AAT member having read statement should be disqualified on ground of apprehended bias – whether AAT member took part in earlier "conference" within the meaning of Administrative Appeals Tribunal Act 1975 (Cth) s 34(4) WORDS AND PHRASES – "conference"

Administrative Appeals Tribunal Act 1975 (Cth) ss 7(1A), 34(4) Migration Act 1958 (Cth) s 501 Amoe v Director of Public Prosecutions (Nauru) (1991) 66 ALJR 29 at 34 applied Johns v Australian Securities Commission (1992) 35 FCR 16 at 37 mentioned

FRANCESCO MADAFFERI v MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS NO. VG 418 OF 1998 HEEREY J 11 FEBRUARY 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

MELBOURNE DISTRICT REGISTRY VG 418 OF 1998

BETWEEN: FRANCESCO MADAFFERI

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: HEEREY J

DATE OF ORDER: 11 FEBRUARY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

MELBOURNE DISTRICT REGISTRY VG 418 OF 1998

BETWEEN: FRANCESCO MADAFFERI

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: HEEREY J

DATE: 11 FEBRUARY 2000

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 The applicant was refused a visa on character grounds under s 501 of the Migration Act 1958 (Cth). He appealed to the Administrative Appeals Tribunal (AAT). The applicant now appeals to this court under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) against a decision of Deputy President Forrest refusing an application that he not sit on the hearing of the AAT appeal by reason of an allegation of apprehended bias. 2 The applicant is an Italian citizen born in that country on 10 January 1961. He has relatives in Australia. He made several visits to Australia and overstayed his visa. He was detained by Departmental officials on 5 July 1996. On 12 July 1996 he applied for permanent residence as the spouse of an Australian citizen. On 3 June 1997 that application was refused under s 501. At the time s 501 provided: