Applicant LSLS v Minister for Immigration & Multicultural Affairs [2000] FCA 211

FEDERAL COURT OF AUSTRALIA

"Applicant LSLS" v Minister for Immigration & Multicultural Affairs [2000] FCA 211 MIGRATION LAW – application for review of Refugee Review Tribunal decision affirming rejection of application for protection visa – applicant a Sri Lankan man who feared persecution on basis of his homosexuality – whether persecution in a Convention sense – where Tribunal found that applicant could reasonably avoid persecution by being "discreet" – whether Tribunal properly considered inherent characteristics of the social group constituting homosexuals – whether applicant's membership of social group affected by requirement of discretion – whether requirement of discretion an error of law – whether any evidence or other material upon which Tribunal could find that applicant could avoid persecution by being "discrete" – whether Tribunal member biased as a result of having published material on Internet which included statement that applicants for refugee status often untruthful – where decision did not turn on finding as to applicant's credit – whether decision induced or affected by actual bias – whether apprehended bias a ground for review

Migration Act 1958 ss 420, 476 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 142 ALR 331 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 Singh v Minister for Immigration and Multicultural Affairs (Federal Court, unreported 27 October 1999) Besim Ferati v Minister for Immigration and Multicultural Affairs (Federal Court, unreported, 23 December 1998) Vakauta v Kelly (1989) 167 CLR 568 Jia Le Geng v Minister for Immigration and Multicultural Affairs (1999) FCA 951 The Queen v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100

"APPLICANT LSLS" v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG642/98