Immigration – Refugees – Protection visa – Affirmation by Refugee Review Tribunal of decision to refuse application for protection visa – Public statements made by Tribunal member on personal Internet home page about truthfulness of applicants for refugee status – Whether Pt 7 of Migration Act 1958 (Cth) constitutes a code excluding the common law rules of natural justice and in particular the ostensible bias rule.
Administrative law – Natural justice – Bias – Reasonable apprehension of bias – Whether a reasonable party or member of the public might apprehend that decision of Tribunal member was affected by a prejudiced mind – Whether ostensible bias may be inferred from statements made after a decision.
Constitution – s 75(v).
Migration Act 1958 (Cth) – Pts 7 and 8.
Judgment date
Case number
M22/1999
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne JJ
Catchwords