Akpata v Minister for Immigration & Multicultural Affairs [2001] FCA 1868

FEDERAL COURT OF AUSTRALIA

Akpata v Minister for Immigration & Multicultural Affairs [2001] FCA 1868 MIGRATION – appeal from a decision of a single Judge affirming the decision of the Refugee Review Tribunal to refuse the appellant's protection visas – whether the appellants had a well-founded fear of persecution – application of the "real chance" test – the appellants' previous experience of persecution

MIGRATION – bias – reasonable apprehension of bias – whether Judge should be disqualified because of previous exposure to information in the media concerning the appellant Migration Act 1958 (Cth), s 476 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559, applied Ebner v Official Trustee in Bankruptcy (2000) 75 ALJR 277, applied STEPHEN AKPATA, FORTRESS AKPATA AND PRECIOUS AKPATA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 50 OF 2001 GRAY, DOWSETT AND STONE JJ 21 DECEMBER 2001 SYDNEY (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 50 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: STEPHEN OGHO AKPATA

FIRST APPELLANT

FORTRESS AKPATA

SECOND APPELLANT

PRECIOUS AKPATA

THIRD APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: GRAY, DOWSETT & STONE JJ

DATE OF ORDER: 21 DECEMBER 2001

PLACE: SYDNEY (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants 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

SOUTH AUSTRALIA DISTRICT REGISTRY S 50 OF 2001