Peters v Administrative Appeals Tribunal [2004] FCA 1426

FEDERAL COURT OF AUSTRALIA

Peters v Administrative Appeals Tribunal [2004] FCA 1426 MIGRATION – Character test – Prohibited information – Information before Delegate which was not before AAT – Whether AAT performed its "review" role – Information before AAT to which the applicant did not have access – procedural fairness. Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Peters and Minister for Immigration and Multicultural and Indigenous Affairs [2004] AATA 585 Plaintiff S157/2002 v Cth (2003) 211 CLR 476 Nabe v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCAFC 263 Minister for Immigration & Multicultural & Indigenous Affairs v George [2004] FCAFC 276 STKB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 546 Minister for Immigration & Multicultural & Indigenous Affairs v Ball [2004] FCAFC 91 Wong v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 242 SONNY PETERS v ADMINISTRATIVE APPEALS TRIBUNAL SAD 145 OF 2004 SELWAY J 4 NOVEMBER 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 145 OF 2004

BETWEEN: SONNY PETERS

APPLICANT

AND: ADMINISTRATIVE APPEALS TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: SELWAY

DATE OF ORDER: 4 NOVEMBER 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The application for leave to amend the grounds of review to raise a ground of perceived bias is refused.

2. The application is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 145 OF 2004