H v Minister for Immigration & Multicultural Affairs [2000] FCA 1348

FEDERAL COURT OF AUSTRALIA

H v Minister for Immigration & Multicultural Affairs [2000] FCA 1348

APPEAL – GENERAL PRINCIPLES – nature of appeal from a judge of the Court to the Full Court – appeal power for correction of errors – issue not argued at first instance – whether expedient in the interests of justice that issue be argued on appeal MIGRATION – Migration Act 1958 (Cth) s 476 – actual bias

Migration Act 1958 (Cth)

Dynasty Pty Ltd v Coombs (FC) (1995) 59 FCR 122, cited White v Minister for Immigration & Multicultural Affairs [2000] FCA 232, cited Coal and Allied Operations Pty Ltd v The Full Bench of the Australian Industrial Relations Commission [2000] HCA 47, cited Coulton v Holcombe (1986) 162 CLR 1, followed O'Brien v Komesaroff (1982) 150 CLR 310, cited Multicon Engineering Pty Ltd v Federal Airports Corporation (1997) 47 NSWLR 631, cited Jones v Minister for Immigration & Ethnic Affairs (FC) (1995) 63 FCR 32, cited Warren v Coombes (1979) 142 CLR 531, cited Annand & Thompson Pty Ltd v Trade Practices Commission (1979) 25 ALR 91, cited Minister for Immigration, Local Government and Ethnic Affairs v Hamsher (1992) 35 FCR 359, followed Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71, cited Minister for Immigration & Multicultural Affairs v Asif [2000] FCA 228, cited Antonio v Minister for Immigration & Multicultural Affairs [1999] FCA 1210, cited Jia v Minister for Immigration and Multicultural Affairs (1999) 93 FCR 556, cited Broussard v Minister for Immigration and Ethnic Affairs (1989) 21 FCR 472, cited H v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 231 of 2000 BRANSON, MARSHALL & KATZ JJ SYDNEY 22 SEPTEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 231 of 2000

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA