Gill v Minister for Immigration & Multicultural Affairs [2000] FCA 1057

FEDERAL COURT OF AUSTRALIA

Gill v Minister for Immigration & Multicultural Affairs [2000] FCA 1057 CITIZENSHIP AND MIGRATION – protection visa – application for order of review of decision of Refugee Review Tribunal ("RRT") affirming decision by delegate refusing grant – whether procedures required by the Migration Act 1958 (Cth) to be observed in connection with the making of the decision were observed – whether s 414 of the Migration Act 1958 (Cth) specifies a procedure required to be observed in connection with the making of a decision – whether s 427 of the Migration Act 1958 (Cth) specifies a procedure required to be observed in connection with the making of a decision – whether RRT under an obligation to investigate the authenticity of documents provided by the applicant CITIZENSHIP AND MIGRATION – no evidence – where finding by RRT that certain documents were forgeries – whether there was no evidence or other material to justify the making of the decision pursuant to s 476(1)(g) of the Migration Act 1958 (Cth) CITIZENSHIP AND MIGRATION – bias – whether decision of RRT affected by actual bias – where identically constituted RRT in separate decision had made adverse findings as to credibility of applicant's brother – whether an inference should be drawn that RRT decision affected by actual bias Migration Act 1958 (Cth) ss 414, 427, 476 Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 applied Asif v Minister for Immigration and Multicultural Affairs [1999] FCA 1487 applied Singh v Minister for Immigration and Ethnic Affairs (Lockhart J, 18 October 1996, unreported) referred to MUHAMMAD ARSHAD GILL v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 286 OF 2000 EMMETT J 26 JULY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 286 OF 2000