NAMK of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 106 NAMK of 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1163 of 2002 MOORE, MANSFIELD & STONE JJ SYDNEY 15 MAY 2003

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AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

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THE COURT ORDERS THAT:

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

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AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

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REASONS FOR JUDGMENT THE COURT: 1 This is an appeal from a judgment of a Judge of this Court of 19 September 2002. The primary judge dismissed an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"). On 7 May 2002, the Tribunal affirmed the decision of the delegate of the Minister for Immigration and Multicultural and Indigenous Affairs, which on 30 December 1999, refused to grant the appellant a protection (class XA) visa under the Migration Act 1958 (Cth). The appeal is listed for hearing this morning. There has been no appearance on the part of the appellant. 2 The Court has power under O 52, r 38A of the Federal Court Rules to proceed to hear the appeal on the merits, notwithstanding the non appearance of the appellant. We have been invited by the counsel appearing for the Minister to follow that course and we do so. 3 The decision of the Tribunal and the primary judge sufficiently reveal the facts relevant to the appeal. The issue raised before the primary judge was an allegation that the Tribunal was biased. The primary judge concluded that the appellant had not demonstrated actual bias on the part of the Tribunal. The notice of appeal does not make clear the grounds on which the appellant alleges the primary judge erred. Proceeding on the assumption that the appellant alleges the primary judged erred in reaching that conclusion, our review of the material indicates that the primary judge was correct in reaching the conclusion he did, namely, that no case has been made out of actual bias on the part of the Tribunal. 4 Accordingly, the appellant has failed to demonstrate any error on the part of the primary judge and in our view, the appropriate order is to dismiss the appeal with costs. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Moore, Mansfield & Stone.

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Associate: Dated: 28 May 2003 There was no appearance by the appellant. Counsel for the Respondent: Mr T Reilly

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Solicitor for the Respondent: Australian Government Solicitor

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Date of Hearing: 15 May 2003

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Date of Judgment: 15 May 2003

Parties

Applicant/Plaintiff:

NAMK of 2002

Respondent/Defendant:

Minister for Immigration & Multicultural & Indigenous Affairs

Legislation Cited (1)

Migration Act 1958(Cth)

Cited By (1)

SZDFW v Minister For Immigration And Multicultural And Indigenous Affairs