Zaltni v Minister for Immigration & Multicultural Affairs [2000] FCA 399

FEDERAL COURT OF AUSTRALIA Zaltni v Minister for Immigration & Multicultural Affairs [2000] FCA 399

MIGRATION – application for protection visa – whether reasons of Refugee Review Tribunal failed to set out Tribunal's "findings on … material questions of fact" as required by s. 430(1)(c) of Migration Act 1958 (Cth) – actual bias – duty of caution incumbent on appellate court before departing from its own earlier decisions.

Migration Act 1958 (Cth) ss 430(1), 476(1)(a), (f), (g)

Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212, cited

Xu v Minister for Immigration and Multicultural Affairs [1999] FCA 1741, cited

Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402, cited

Abdalla v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 11, cited

Thevendram v Minister for Immigration and Multicultural Affairs [1999] FCA 182, cited

Sellamuthu v Minister for Immigration and Multicultural Affairs [1999] FCA 247, cited Perampalam v Minister for Immigration and Multicultural Affairs [1999] FCA 165, cited Dertli v Minister for Immigration and Multicultural Affairs [1999] FCA 141, cited Paramananthan v Minister for Immigration and Multicultural Affairs; Minister for Immigration and Multicultural Affairs v Sivarasa (1998) 160 ALR 24, cited Logenthiran v Minister for Immigration and Multicultural Affairs [1998] FCA 1691, cited Minister for Immigration and Multicultural Affairs v Yusuf [1999] FCA 1681, cited Nguyen v Nguyen (1990) 169 CLR 245, cited Byrne v Australian Airlines Ltd (1994) 47 FCR 300, cited Qantas Airways Ltd v Cornwall (1998) 84 FCR 483, cited

LARBI BEN MOHAMED DIT HAM ZALTNI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 675 of 1999 EINFELD, LINDGREN AND TAMBERLIN JJ

16 MAY 2000

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 675 OF 1999