Gamaethige v Minister for Immigration & Multicultural Affairs [2001] FCA 565

FEDERAL COURT OF AUSTRALIA

Gamaethige v Minister for Immigration & Multicultural Affairs [2001] FCA 565

IMMIGRATION – appeal – review of decision of Refugee Review Tribunal – whether irrationality or want of logic a ground of review – whether s 476(2)(b) of the Migration Act 1958 (Cth) applies to an implied obligation to act reasonably – whether the decision affected by actual bias PRACTICE AND PROCEDURE –leave to amend Notice of Appeal –grounds of appeal not raised at first instance –no prejudice to the administration of justice or to the respondent

Migration Act 1958 (Cth) s 476(1)(b), s 476(1)(c), s 476(1)(e),s 476(1)(f), s 476(2)(b) Edwards (Inspector of Taxes) v Bairstow [1956] AC 14 considered Tracy Village Sports and Social Club v Walker (1992) 111 FLR 32 at 37-38 referred to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 considered Waterford v The Commonwealth (1987) 163 CLR 54 at 77 followed Australian Heritage Commission v Mount Isa Mines Ltd (1997) 187 CLR 297 at 303 followed Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411 considered Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274 followed Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223 considered Nottinghamshire County Council v Secretary of State for the Environment [1986] AC 240 at 249 referred to Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374 at 410 referred to R v North and East Devon Health Authority; Ex parte Coughlan [2000] 2 WLR 622 referred to R v Deputy Industrial Injuries Commissioner; Ex parte Moore [1965] 1 QB 456 at 488 referred to Mahon v Air New Zealand Ltd [1984] AC 808 referred to T A Miller Ltd v Minister of Housing and Local Government [1968] 1 WLR 992 at 995 referred to Kavanagh v Chief Constable of Devon and Cornwall [1974] 1 QB 624 at 633 referred to Pochi v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 33 referred to Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139 referred to Kruger v Commonwealth of Australia (1997) 190 CLR 1 at 36 referred to Hill v Green (1999) 48 NSWLR 161 referred to Annetts v McCann (1990) 170 CLR 596 referred to Wu Shan Liang v Minister for Immigration and Multicultural Affairs (1996) 185 CLR 259 at 282–283 referred to H v Minister for Immigration & Multicultural Affairs [2000] FCA 1348 at [8] referred to Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 referred to Attorney-General (N.S.W.) v Quin (1990) 170 CLR 1 at 36 referred to Yit v Minister for Immigration & Multicultural Affairs [2000] FCA 885 at [32] referred to Vakauta v Kelly (1989) 167 CLR 568 at 576 referred to Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 at 150 referred to Fernando v Minister for Immigration & Multicultural Affairs [2000] FCA 436 followed ROHAN KAPILA GAMAETHIGE V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 909 OF 2000