SZANH v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1280

FEDERAL COURT OF AUSTRALIA

SZANH v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1280

MIGRATION – apprehended bias – whether the making of a decision ex tempore is indicative of bias – whether Tribunal member commenting on his experience with the appellant's adviser could give rise to an apprehension of bias MIGRATION – Migration Act 1958 (Cth), s 424A – whether country information was part of the reasons for the decision – whether s 424A(3)(a) applies – whether failure to provide particulars of the country information in writing amounts to jurisdictional error

Migration Act 1958 (Cth)ss 422B, 424A, 441A, 474 Migration Legislation Amendment (Procedural Fairness) Act 2002 (Cth) Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 cited Ebner v Official Trustee in Bankruptcy (2001) 205 CLR 337 cited Minister for Immigration and Multicultural and Indigenous Affairs v NAMW [2004] FCAFC 264 applied VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 applied Paul v Minister for Immigration and Multicultural Affairs (2000) 113 FCR 396 cited NAHV of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 214 applied Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 cited Kioa v West (1985) 159 CLR 550 cited SZANH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1048 of 2004 SACKVILLE J SYDNEY 6 OCTOBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1048 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZANH

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 6 OCTOBER 2004