Liu v Minister for Immigration and Multicultural Affairs [2001] FCA 49

FEDERAL COURT OF AUSTRALIA Liu v Minister for Immigration and Multicultural Affairs [2001] FCA 49.

MIGRATION – Refugee application – Review by Refugee Review Tribunal of refusal of protection visa – Tribunal Member who conducted oral hearing retired from Tribunal before decision made – Case reassigned to another member who listened to tape recording of oral hearing and made decision without inviting applicant to a new hearing – Validity of this decision.

Migration Act 1958 (Cth), ss 410, 422, 422A, 425, 428 YIFAN LIU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1070 of 2000 WILCOX J SYDNEY 9 FEBRUARY 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1070 of 2000

BETWEEN: YIFAN LIU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 9 FEBRUARY 2001

WHERE MADE: SYDNEY

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

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1070 of 2000

BETWEEN: YIFAN LIU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: WILCOX J

DATE: 9 FEBRUARY 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT WILCOX J: 1 This is an application for review of a decision of the Refugee Review Tribunal affirming a decision not to grant a protection visa to the applicant, Yifan Liu. The application raises only one issue: the validity of a decision made by a different member of the Tribunal than the member who presided at the oral hearing provided to the applicant under s 425 of the Migration Act 1958.