NAMK of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1170

FEDERAL COURT OF AUSTRALIA

NAMK of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1170 MIGRATION – submission that the reasons of decision published by the Refugee Review Tribunal demonstrate actual bias – no reviewable error disclosed – no finding of actual bias –Refugee Review Tribunal decision based on strong credibility findings against the respondent – whether actual bias is excluded from review by the privative clause.

Migration Act 1958 (Cth), s 474

Abebe v The Commonwealth of Australia (1999) 197 CLR 510 referred to R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 applied Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 followed Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1995) 185 CLR 259 followed Minister for Immigration and Multicultural Affairs v Yusuf (2001) 75 ALJR 1105 followed NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002]FCAFC 228 applied Zahid v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA applied SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668 followed NACL v Refugee Review Tribunal and Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 643 referred to Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 referred to Yit v Minister for Immigration and Ethnic Affairs [2000] FCA 885 considered NAMK OF 2002 v Minister for Immigration & Multicultural & Indigenous Affairs N612 of 2002 JACOBSON J 19 SEPTEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 612 of 2002

BETWEEN: NAMK OF 2002