James v Minister for Immigration & Multicultural Affairs [2000] FCA 804

FEDERAL COURT OF AUSTRALIA

James v Minister for Immigration & Multicultural Affairs [2000] FCA 804 MIGRATION ‑ Review of Refugee Review Tribunal's decision affirming rejection of application for protection visa ‑ Whether Tribunal member biased as a result of having published material on Internet including statement that applicants for refugee status often untruthful ‑ Whether actual bias ‑ Detention ‑ Whether necessarily persecution, Migration Act 1958 s 476(1)(e), (f) Ferati v Minister for Immigration and Multicultural Affairs (1998) 54 ALD 381 applied LSLS v Minister for Immigration and Multicultural Affairs [2000] FCA 211 applied Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 cited Jia Le Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951 applied Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 applied T v The Minister for Immigration and Multicultural Affairs [2000] FCA 467 cited Chan v The Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 considered Paramananthan v Minister for Immigration and Multicultural Affairs (1999) 160 ALR 24 considered CHRISTY PREMANANDARAJAH JAMES v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS VG 559 OF 1998 SUNDBERG J 16 JUNE 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 559 OF 1998

BETWEEN: CHRISTY PREMANANDARAJAH JAMES

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 16 JUNE 2000

WHERE MADE: MELBOURNE

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