Chey v Minister for Immigration and Citizenship [2007] FCA 871

FEDERAL COURT OF AUSTRALIA

Chey v Minister for Immigration and Citizenship [2007] FCA 871 IMMIGRATION – application for partner visa – appeal from Federal Magistrate – whether Tribunal breached s 360 – whether Tribunal failed to carry out its statutory task – whether reasonable apprehension of bias – whether failure to consider relevant considerations Migration Act 1958 (Cth), ss 359, 360 Migration Regulations 1994 (Cth), reg 1.15A, Pt 100 of Sch 2 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 cited Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553 cited Minister for Immigration and Multicultural Affairs v SZFDE (2006) 154 FCR 365 referred to Appellant P119/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 230 referred to NALQ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 121 referred to NAQF v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 130 FCR 456 referred to SZBII v Minister for Immigration and Multicultural Affairs [2006] FCA 1477 referred to SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 cited Minister for Immigration and Multicultural Affairs v Lat (2006) 151 FCR 214 referred to NBKT v Minister for Immigration and Multicultural Affairs [2006] FCAFC 195 referred to SZBCE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 697 referred to Re Minister for Immigration and Multicultural Affairs; ex parte Cohen (2001) 177 ALR 473 cited Re Refugee Review Tribunal; ex parte H (2001) 179 ALR 425 discussed Nassouh v Minister for Immigration and Multicultural Affairs [2000] FCA 788 cited Zhang v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 30 referred to Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 cited Davis v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 686 cited PHENG CHEY v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL VID 1066 OF 2006