VFAB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 872

FEDERAL COURT OF AUSTRALIA

VFAB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 872 MIGRATION – application for protection visa – whether the decision of the Refugee Review Tribunal vitiated by bias – whether apprehended bias – fair-minded informed lay observer might reasonably apprehend that the Tribunal might have a closed mind

Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 425, 426(3), 427(6)

Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 referred to Re Minister for Immigration & Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 referred to Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 followed NAEB of 2002 v Minister for Immigration & Multicultural Affairs [2003] FCAFC 25 referred to M38/2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 199 ALR 290 referred to Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 considered C v Minister for Immigration and Multicultural Affairs (2000) FCA 1649 referred to SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668 considered Sun Zhan Qui v Minister for Immigration and Multicultural Affairs (1997) 81 FCR 71 referred to SBAN v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 591 referred to Sarbit Singh v Minister for Immigration and Ethnic Affairs [1996] FCA 902 followed H v Minister for Immigration and Multicultural Affairs [2000] FCA 1348; (2000) 63 ALD 43 referred to Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte AB (2000) 177 ALR 225 considered Applicant VCAT of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 141 referred to Re Refugee Review Tribunal; Ex parte Aala (200) 204 CLR 82 referred to Re Minister for Immigration & Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 referred to Pilbara Aboriginal Land Council Aboriginal Corporation Inc v Minister for Aboriginal and Torres Strait Islander Affairs (2000) 103 FCR 539 referred to Nguyen Do Vinh v Minister for Immigration & Ethnic Affairs (1997) 46 ALD 528 referred to SCAZ v Minister for Immigration & Multicultural Affairs [2002] FCA 1377 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 referred to NAAA v Minister for Immigration and Multicultural Affairs (2002) 117 FCR 287 referred to NAAG of 2002 v Minister for Immigration & Multicultural Affairs [2003] FCAFC 135 referred to Lobo v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 168 referred to