Ling v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1069

FEDERAL COURT OF AUSTRALIA

Ling v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1069

MIGRATION – Other Family (Migrant) (Class BO) visa – review by Migration Review Tribunal – information which Tribunal considers would be reason or part of the reason for affirming decision under review – Tribunal's duty to invite comment – whether Tribunal failed to perform duty – discretion to refuse relief – whether performance of duty would have resulted in practical injustice – s 359A of the Migration Act 1958 (Cth) INTERPRETATION – meaning of 'information' – meaning of 'the application' – subs 359A(1), subs 359A(4) of the Migration Act 1958 (Cth) ADMINISTRATIVE LAW – procedural fairness – apprehension of bias – decision of Migration Review Tribunal – whether a fair-minded lay person properly informed would apprehend bias Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 357A, s 359A, s 479, subs 29(1), subs 474(1) Migration Regulations 1994 r 1.15, cl 1123A of sch 1, cl 115 of sch 2

Minister for Immigration & Multicultural & Indigenous Affairs v Awan (2003) 75 ALD 386 applied Plaintiff S157 v Commonwealth of Australia (2003) 211 CLR 476 cited Minister for Immigration and Multicultural Affairs v Al Shamry (2001) 110 FCR 27 followed Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 followed Re Refugee Review Tribunal; Ex Parte H 75 (2001) ALJR 982 applied Tin v Minister for Immigration and Multicultural Affairs [2000] FCA 1109 cited VAF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 123 considered VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158 applied

PING LIU LING AND GUANG PING ZHANG v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND MIGRATION REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA