Algama v Minister for Immigration and Multicultural Affairs [2001] FCA 476

FEDERAL COURT OF AUSTRALIA

Algama v Minister for Immigration and Multicultural Affairs [2001] FCA 476

CITIZENSHIP AND MIGRATION – review of Tribunal decision affirming decision to refuse a protection visa – post-hearing information and developments – whether Tribunal obliged to invite applicants to present evidence and arguments in respect of post-hearing developments – whether applicants entitled to a "genuine opportunity" to address issues in relation to the review – whether former s 425(1)(a) applies. CITIZENSHIP AND MIGRATION – apprehended bias – whether refusal to disqualify oneself is a "decision on the review" – whether Tribunal member required to give reasons for refusal to disqualify herself – whether improper exercise of power. CITIZENSHIP AND MIGRATION – whether Tribunal failed to set out finding on a material question of fact – whether Tribunal failed to set out its reasons for rejecting expert opinion – whether decision based on a fact that did not exist – whether no evidence or other material to justify finding – whether Tribunal failed to give proper, genuine and realistic consideration to the expert opinion – whether constructive failure of jurisdiction. CITIZENSHIP AND MIGRATION – whether Tribunal applied "What if I am wrong" test. Migration Act 1958 (Cth) ss 476(1)(a),(d),(e), (g), 3(b), 4(b), 424, 424A-C, 425, 430(1). Acts Interpretation Act 1901 (Cth) ss 8(c), 15AB, 33(1). Migration Legislation Amendment Act (No. 1) 1999 (Cth), sch 3, s 20. Minister for Immigration and Multicultural Affairs v Cho (1999) 92 FCR 315; [1999] FCA 946, discussed. Muntaser Ibrahim Yousef Sheik Mohammed v Minister for Immigration and Ethnic Affairs [2000] FCA 264, discussed. De Silva v Minister for Immigration and Multicultural Affairs (2000) 98 FCR 364; [2000] FCA 765, discussed. Minister for Immigration and Multicultural Affairs v Mohammad [2000] FCA 1275, applied. Xiao v Minister for Immigration and Multicultural Affairs [2000] FCA 1472, applied. Yao v Minister for Immigration and Multicultural Affairs (1996) 69 FCR 583, applied. Re: Refugee Review Tribunal; Ex parte Aala [2000] HCA 57, cited. Jayasinghe v Minister for Immigration and Ethnic Affairs (1997) 76 FCR 301; [1997] FCA 551, applied. Anthonypillai v Minister for Immigration and Multicultural Affairs [2000] FCA 1368, not followed. Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274, applied. Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287; [1999] FCA 247, applied Minister for Immigration and Multicultural Affairs v Guo (1997) 191 CLR 559, applied. Paramananthan v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 28; [1998] FCA 1693, discussed. Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469; [200] FCA 845, applied. Rajeed v Minister for Immigration and Multicultural Affairs [2000] FCA 470, discussed. Rahman v Minister for Immigration and Multicultural Affairs [2000] FCA 1277, discussed. Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220; [1999] FCA 794, applied. SABRINA TAMARIS ALGAMA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 400 of 2000