Thevendram v Minister for Immigration & Multicultural Affairs [2000] FCA 868

FEDERAL COURT OF AUSTRALIA

Thevendram v Minister for Immigration & Multicultural Affairs

[2000] FCA 868

MIGRATION – protection visa – review of decision of Refugee Review Tribunal – alleged failure to refer to evidence or other material on which findings of fact based – whether findings of fact or comment – alleged failure to ask "What if I am wrong?" – allegation of actual bias – whether unreasonableness of decision and findings sufficient to show actual bias WORDS AND PHRASES – "actual bias" Migration Act 1958 (Cth) s 430(1)(c) and (d), 476(1)(f)

Yusuf v Minister for Immigration and Multicultural Affairs [1999] FCA 1681 followed S v Minister for Immigration and Multicultural Affairs [2000] FCA 735 followed Minister for Immigration and Multicultural Affairs v Rajalingam [1990] FCA 719 followed Marshood v Minister for Immigration and Multicultural Affairs [1999] FCA 1415 followed Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 at 127 applied Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300 mentioned Briginshaw v Briginshaw (1938) 60 CLR 336 at 361 mentioned Bilgin v Minister for Immigration and Multicultural Affairs (1997) 149 ALR 281 followed Addai v Minister for Immigration and Multicultural Affairs [1999] FCA 1702 followed APPUCUTTY THEVENDRAM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO V 558 of 1999 HEEREY J 15 JUNE 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 558 OF 1999

BETWEEN: APPUCUTTY THEVENDRAM

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: HEEREY J

DATE OF ORDER: 15 JUNE 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.