T v Minister for Immigration & Multicultural Affairs [2000] FCA 467

FEDERAL COURT OF AUSTRALIA

"T" v Minister for Immigration & Multicultural Affairs [2000] FCA 467 MIGRATION – application for protection visa – allegation of actual bias against Refugee Review Tribunal – rejection of appellant's evidence as not credible – questions directed to testing reliability of claims – whether conduct of hearing demonstrated actual bias – whether Tribunal misapprehended appellant's evidence – whether misapprehension of evidence demonstrated actual bias in circumstances – whether Tribunal's mind was foreclosed to his claims before hearing. MIGRATION – application for protection visa – claim that there was no evidence or other material to justify making of decision. Administrative Decisions (Judicial Review) Act 1977 (Cth) Migration Act 1958 (Cth) ss 36(2), 476(1)(f), 476(1)(g), 476(4)(b) Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 referred to Sarbjit Singh v Minister for Immigration and Ethnic Affairs (Lockhart J, 18 October 1996, unreported) applied Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 applied Durairajasingham v Minister for Immigration and Multicultural Affairs (1997) 50 ALD 469 referred to Television Capricornia Pty Ltd v Australian Broadcasting Tribunal (1986) 13 FCR 511 applied Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 applied

"T" v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 686 OF 1999 DRUMMOND, MATHEWS & MANSFIELD JJ 12 APRIL 2000

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 686 OF 1999

ON APPEAL FROM A SINGLE JUDGE

OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: "T"

Appellant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGES: DRUMMOND, MATHEWS & MANSFIELD JJ