Editors --- "Singh v Minister for Immigration and Multicultural Affairs - Case Note" [1999] AdminRw 24; (1999) 51 Admin Review 53

---

Singh v Minister for Immigration and Multicultural Affairs

Federal Court, von Doussa J, 18 December 1998

[1998] FCA 1729

Extent to which the Migration Act allows for review on grounds of bias on the part of the RRT—same member of RRT heard applicant's and former wife's review

In this case, the applicant appealed to the Federal Court from a decision of the Refugee Review Tribunal ('RRT') to refuse the applicant a protection visa.

Two months prior to the applicant's hearing before the RRT, the same member of the RRT had presided over a review of a decision on a claim by the applicant's former wife.

The Migration Act 1958 ('Act') permitted review on the ground of actual bias, but not on the ground of apprehended bias. Nevertheless, Justice von Doussa looked to the requirement in the Act that a decision of the RRT be fair. He decided that, as the RRT member did not come to the second hearing with a fresh mind, the applicant was not able to get a fair hearing within the meaning of the Act. Accordingly, he remitted the matter to the RRT for rehearing by a differently constituted Tribunal.