Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAEB/02 v Minister For Immigration & Multicultural & Indigenous Affairs [2002] FCA 1092
MIGRATION – where apprehended bias is alleged – whether s 474 immunises a decision which may be affected by apprehended bias. Migration Act 1958 (Cth), s 474 NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 followed Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 referred to Re Refugee Review Tribunal; Ex parte Aala (2000) 176 ALR 219 referred to May v Commissioner of Taxation (1999) 92 FCR 152 cited R v Hickman; Ex parte Fox & Clinton (1945) 70 CLR 598 referred to Minister for Immigration and Multicultural Affairs v Jia (2001) 178 ALR 421 referred to Johnson v Johnson (2000) 174 ALR 655 discussed NAEB/02 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 180 of 2002 MOORE J 5 SEPTEMBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 180 OF 2002
BETWEEN: NAEB/02
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 5 SEPTEMBER 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 180 OF 2002
BETWEEN: NAEB/02
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 5 SEPTEMBER 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 11 January 2002 and handed down on 6 February 2002, affirming a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") refusing to grant the applicant a protection visa. The criterion for the grant of such a visa is that the applicant is a person to whom Australia has protection obligations under the Convention Relating to the Status of Refugees of 28 July 1951 as amended by the Protocol Relating to the Status of Refugees of 31 January 1967 ("the Convention").
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