W219/01A v Minister for Immigration & Multicultural Affairs [2001] FCA 1667

W219/01A v Minister for Immigration & Multicultural Affairs [2001] FCA 1667

The application is dismissed because none of the applicant's grounds reveal an error of law under s 476 of the Migration Act 1958 (Cth); the Tribunal's findings were open on the evidence, and allegations of bias or denial of procedural fairness were not made out.

Jurisdiction
Australia
Judgment Date
30 November 2001
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'bias' 'procedural Fairness' 'evidence' 'migration Act 1958']
['migration Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'bias' 'procedural Fairness' 'evidence' 'migration Act 1958']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the Tribunal committed reviewable error under s 476 of the Migration Act 1958 (Cth)' 'Whether there was actual bias by the Tribunal' "Whether there was absence of evidence to justify the Tribunal's decision" 'Whether procedural fairness was denied']

Ratio Decidendi

The application is dismissed because none of the applicant's grounds reveal an error of law under s 476 of the Migration Act 1958 (Cth); the Tribunal's findings were open on the evidence, and allegations of bias or denial of procedural fairness were not made out.

Court Disposition

application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of the application."]