Lal v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1461

FEDERAL COURT OF AUSTRALIA

Lal v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1461 JYOTI MALA GOUNDAR LAL v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS v J DUIGNAN, MEMBER MIGRATION REVIEW TRIBUNAL & PRINCIPAL MEMBER OF THE MIGRATION REVIEW TRIBUNAL No SAD 114 of 2005 FINN J ADELAIDE 17 OCTOBER 2005

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 114 OF 2005

BETWEEN: JYOTI MALA GROUNDAR LAL

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

J DUIGNAN, MEMBER MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE MIGRATION REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 17 OCTOBER 2005

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the first respondent's costs of the application. 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 114 OF 2005

BETWEEN: JYOTI MALA GROUNDAR LAL

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

J DUIGNAN, MEMBER MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE MIGRATION REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: FINN J

DATE: 17 OCTOBER 2005

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 The applicant in this judicial review proceeding impugns the decision of the Migration Review Tribunal ("the Tribunal") to cancel her Partner (Residence) (Class BS) Subclass 801 (Spouse) Visa on the ground of reasonable apprehension of bias. Though other grounds of challenge were earlier raised, these have now been abandoned and I would note in particular that a claim based on non-compliance with s 359A of the Migration Act 1958 (Cth) was one of these. The bias claim is without foundation.