NACB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 57

FEDERAL COURT OF AUSTRALIA

NACB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 57

MIGRATION – protection visa – review of decision of Refugee Review Tribunal ("Tribunal") – whether decision of Tribunal affected by actual bias Migration Act 1958 (Cth) ss 474 and 476 R v Hickman: ex parte Fox and Clinton (1945) 70 CLR 598 referred to Li v Minister for Immigration and Multicultural Affairs (2000) 96 FCR 125 followed Yit v Minister for Immigration & Multicultural Affairs [2000] FCA 885 followed NACB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1547 of 2001 STONE J 6 FEBRUARY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1547 OF 2001

BETWEEN: NACB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 6 FEBRUARY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. 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 1547 OF 2001

BETWEEN: NACB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE: 6 FEBRUARY 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant is a citizen of Bangladesh who arrived in Australia on 2 September 1997. His application for a protection visa made on 20 October 1997 was refused by a delegate of the respondent Minister on 27 November 1997. The Refugee Review Tribunal ("Tribunal") confirmed the delegate's decision on 25 October 2001. On 21 November 2001, the applicant commenced proceedings in this Court seeking a review of the Tribunal's decision under Pt 8 of the Migration Act 1958 (Cth) ("the Act").