Hillier v Martin (No 19)
[2024] FCA 210
Citation 1
(Para 10)
…Board; ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100 at 116 per Dixon CJ, Williams, Webb and Fullagar JJ; Sun (FC) at 123; Jia Le Geng [1999] FCA 951 at [104] per Cooper J and cases there cited. On the other hand, too high an evidentiary requirement might make impossible the presentation and proof…
Oknalux Pty Ltd v Wilczynski
[2022] FCA 1152
Citation 2
(Para 10)
…Board; ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100 at 116 per Dixon CJ, Williams, Webb and Fullagar JJ; Sun (FC) at 123; Jia Le Geng [[1999] FCA 951] at [104] per Cooper J and cases there cited. On the other hand, too high an evidentiary requirement might make impossible the presentation and proof…
GAR v Attorney General of New South Wales and Supreme Court of New South Wales
[2017] NSWCA 47
Citation 3
(Para 84)
…7 (Jia) (at [72]) per Gleeson CJ and Gummow J; see also Jia Le Geng v Minister for Immigration and Multicultural Affairs (1999) 93 FCR 556; [1999] FCA 951 (Jia FFCA) (at [40]) per Spender J; (at [80]) per Cooper J. 72. Jia Le Geng v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 (at 104) per…
Chen v Minister for Immigration
[2009] FMCA 1151
Citation 4
(Para 3)
…After judgment was delivered in his case, Mr White became aware of the decision of the Full Court of the Federal Court in Jia v Minister for Immigration & Multicultural Affairs (1999) 93 FCR 556 where it was held that the Minister had acted with actual bias in relation to Mr Jia. Mr White appealed from his first instance decision and included a ground complai…
SZJXH v Minister for Immigration & Citizenship
[2007] FCA 1691
Citation 5
(Para 19)
…aterials before him or her which are relevant to the decision to be made. That formulation of the test was adopted by the Full Court of this Court in Jia v Minister for Immigration and Multicultural Affairs (1999) 93 FCR 556 per Spender, Cooper and Nicholson JJ and the adoption of that view was affirmed by the High Court in Minister for Immigration and Multicul…
SZKHK v Minister for Immigration and Citizenship
[2007] FCA 1700
Citation 6
(Para 17)
…That view of the threshold for establishing bias was adopted by the Full Court of this Court per Spender, Cooper and Nicholson JJ in Jia v Minister for Immigration and Multicultural Affairs (1999) 93 FCR 556, with all members adopting the view of French J and that view of the Full Court was regarded by the High Court in Minister for Immigration and Multicultura…
LALOGIANNI v Australian National University
[2003] FMCA 9
Citation 7
(Para 2)
…ourable towards one party. But that is not how it is defined at law where it is best expressed in the concept of a “closed mind”: see for example Jia v Minister for Immigration & Multicultural Affairs (1999) FCR 556 per RD Nicholson J at [158] and SCAA v Minister for Immigration, Multicultural & Indigenous Affairs [2002] FCA 668 per von Doussa J at [38].…
WAAG v Minister for Immigration
[2002] FMCA 191
Citation 8
…R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 R v Murray; Ex parte Proctor (1949) 77 CLR 387 Jia v Minister for Immigration & Multicultural Affairs (1999) 93 FCR 556 SCAA v Minister for Immigration, Multicultural & Indigenous Affairs [2002] FCA 668 Sun v Minister for Immigration & Ethnic Affairs (1997) 81 FCR 71 Wu Chen v Minister for Immigration &…
Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd
[2001] FCA 1833
Citation 9
(Para 10)
…en followed on a number of occasions in the Court: eg News Limited v ARL (1996) 64 FCR 410 at 423 – 24; Montgomery v FCT (1998) 152 ALR 241 at 256; Jia v Minister for Immigration and Multicultural Affairs (1999) 93 FCR 556 at 569; ACT Schools Authority v El Sheik (2000) ATR 81-557; [2000] FCA 931 at [31]; Hanley v AFMEP & KIU (2000) 100 FCR 530 at 534 – 35; H v…
He v Minister for Immigration and Multicultural Affairs
[2001] FCA 1704
Citation 10
(Para 14)
…or the purpose of par 476(1)(f) of the Act was accepted by all three members of a Full Court of this Court which reversed his judgment in Jia : see Jia v Minister for Immigration & Multicultural Affairs (1999) 93 FCR 556 (Spender and R D Nicholson JJ; Cooper J dissenting). On an appeal to the High Court of Australia in which the Full Court’s judgment was in t…
Minister for Immigration And Multicultural Affairs v Jia Legeng
[2001] HCA 17
Citation 11
(Para 13)
…Mr Jia appealed to the Full Court of the Federal Court. The appeal was heard before Spender, Cooper and R D Nicholson JJ[9]. [9] Jia v Minister for Immigration and Multicultural Affairs (1999) 93 FCR 556.…
Chowdhury v Minister for Immigration and Multicultural Affairs
[2001] FCA 278
Citation 12
(Para 7)
…Both the Applicant and Respondent referred me to the decision of the Full Court in Jia v Minister for Immigration and Multicultural Affairs (1999) 93 FCR 556. In para [82] Cooper J said: “The fact that a decision-maker has formed a conclusion about an issue involved in the inquiry does not constitute bias on the part of the decision-maker… It must be shown that…
Singh v Minister for Immigration
[2000] FCA 1426
Citation 13
(Para 15)
…tificate. This approach is consistent with the interpretation of “national interest” applied by previous Full Courts, in Gunner at 409 and in Jia v Minister for Immigration and Multicultural Affairs (1999) 93 FCR 556 at paras 114-115 (Cooper J) and 181-184 (R D Nicholson J with whom Spender J agreed).…
H v Minister for Immigration and Multicultural Affairs
[2000] FCA 1348
Citation 14
(Para 4)
…In Jia v Minister for Immigration and Multicultural Affairs (1999) 93 FCR 556, [1999] FCA 951 at [158], R D Nicholson J (sitting as a member of a Full Court) said, after referring to the judgments of the members of the Court in Sun , that: “It will be observed from this that for actual bias to be established ther…
Ou v Minister for Immigration and Multicultural Affairs
[2000] FCA 1152
Citation 15
(Para 20)
…ecision who asserts actual bias must make out a “substantial case” – Kaycliff Pty Ltd v Australian Broadcasting Tribunal (1989) 90 ALR 310; Jia v Minister for Immigration and Multicultural Affairs (1999) 93 FCR 556; and White v Minister for Immigration and Multicultural Affairs (2000) 96 FCR 511 at 531. The matters identified by the applicant merely took issue…
Gamaethige v Minister for Immigration and Multicultural Affairs
[2000] FCA 1025
Citation 16
…for Immigration and Multicultural Affairs v Singh [2000] FCA 845, cited Jia Le Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951, applied Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 (FC), considered Yit v Minister for Immigration and Multicultural Affairs [2000] FCA…
Tin Shwe v Minister for Immigration & Multicultural Affairs
[2000] FCA 988
Citation 17
…r for Immigration & Multicultural Affairs [2000] FCA 885, followed. Sun v Minister for Immigration & Ethnic Affairs (1997) 81 FCR 71, followed. Jia v Minister for Immigration & Multicultural Affairs (1999) 93 FCR 556, cited. Li v Minister for Immigration & Multicultural Affairs (2000) 96 FCR 125, cited. TIN SHWE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AF…
Yit v Minister for Immigration & Multicultural Affairs
[2000] FCA 885
Citation 18
…applied. Abebe v Commonwealth (1999) 197 CLR 510, cited. Re Gooliah and Minister of Citizenship and Immigration (1967) 63 DLR (2d) 224, cited. Jia v Minister for Immigration & Multicultural Affairs (1999) 93 FCR 556, applied. Li v Minister for Immigration & Multicultural Affairs (2000) 96 FCR 125, cited. Attorney-General (NSW) v Quin (1990) 170 CLR 1, cited.…
Candyah v Minister for Immigration and Multicultural Affairs
[2000] FCA 869
Citation 19
(Para 26)
…Kelly (1999) 167 CLR 568, Australian Broadcasting Tribunal v Laws (1990) 170 CLR 70, Jia Le Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951. Orders…
James v Minister for Immigration & Multicultural Affairs
[2000] FCA 804
Citation 20
(Para 9)
…Actual bias involves something more than a real likelihood of bias. In Jia Le Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951 at par 158 R D Nicholson J said: “[F]or actual bias to be established there must be evidence of “a closed mind to the issues raised”, “preliminary views incapable…
Zaltni v Minister for Immigration and Multicultural Affairs
[2000] FCA 399
Citation 21
(Para 11)
…71 (FC) at 122-123 per Wilcox J, at 126-127 per Burchett J, at 134-137 per North J; Jia Le Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951 (FC) at [40] per Spender J, at [104]-[109] per Cooper J, at [145]-[161] per R D Nicholson J; Asif v Minister for Immigration and Multicultural Affair…
Xie v Minister for Immigration and Multicultural Affairs
[2000] FCA 230
Citation 22
(Para 18)
…e beside the point in so far as the validity of the decision is concerned." See also Jia Le Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951 per Spender and RD Nicholson JJ.…
White v Minister for Immigration & Multicultural Affairs
[2000] FCA 232
Citation 23
(Para 8)
…On 16 July 1999 a Full Court of this Court delivered judgment in Jia Le Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951. The Full Court, by majority, allowed an appeal against two decisions taken by the Minister under ss 501 and 502 of the Act on the ground of actual bias.…
Lu v Minister for Immigration and Multicultural Affairs
[2000] FCA 178
Citation 24
(Para 4)
…mmigration and Multicultural Affairs (1998) 84 FCR 87 (which was reversed on other grounds: Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951). His Honour considered that there was no express limitation upon the exercise of the Minister’s powers under ss 501 and 502 where the Administrative…
Pilbara Aboriginal Land Council Aboriginal Corporation Inc v Minister for Aboriginal and Torres Strait Islander Affairs
[2000] FCA 113
Citation 25
(Para 2)
…t of the Administrative Appeals Tribunal which is set out substantially in full in Jia Le Geng v Minister for Immigration & Multicultural Affairs [1999] FCA 951. The submissions on the question of bias made reference also to the report of an interview held between the Minister and the interviewer, Mr Clive Robert…
Kamal Raj v Minister for Immigration and Multicultural Affairs
[2000] FCA 74
Citation 26
(Para 1)
…actual bias is. It is sufficient to quote a passage from the judgment of RD Nicholson J in Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951 at 157: “The ground of jurisdiction based on actual bias provided for in s 476(1)(f) has been considered in a number of authorities to which the Cour…
Li v Minister for Immigration and Multicultural Affairs
[2000] FCA 19
Citation 27
(Para 17)
…t J, 18 October 1996, unreported) at 9 and 10 and Jia Le Geng v Minister for Immigration and Multicultural Affairs 52 ALD 20 at 36 and, on appeal, at [1999] FCA 951 at [161]. (b)The emphasis is upon the state of mind which affects the decision-making rather than elements of the process of decision-making taken in…
Kalala v Minister for Immigration and Multicultural Affairs
[1999] FCA 1595
Citation 28
(Para 19)
…pon was actual bias: see s 476(1)(f). The ground was recently considered by a Full Court in Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951 at [40], [157] and [158]. See also Singh v Minister for Immigration and Multicultural Affairs [1999] FCA 1542. I am not satisfied that the RRT had a…
White v Minister for Immigration Multicultural Affairs
[1999] FCA 1433
Citation 29
(Para 14)
…support of his revived contention upon the very recent judgment of the Full Court in Jia Le Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951. In that case, the Full Court, by majority, held that the relevant Minister (who is also the respondent in the present proceedings) had displayed act…
Truong - Ex parte MIMA
[2001] HCATrans 71
Citation 30
…wn by the facts that: (a) On or about 14 April 1997, in the circumstances set out in Jia Le Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951 . . . the respondent stated inter alia that: “I don’t believe you are of good character if you’ve committed significant criminal offences involving p…
Jia Le Geng v Minister for Immigration and Multicultural Affairs
[1999] FCA 1210
Citation 31
(Para 2)
…fore him or her. This has recently been discussed by the Full Court in the matter of Jia Le Geng v Minister for Immigration and Multicultural Affairs [1999] FCA 951.…
Dirckze v Holmesglen Institute
[2016] VSC 385
Citation 32
(Para 1)
…favourable to him before raising any objection to the impartiality of the Tribunal.[106] [106]See the reasoning of Dawson J in Vakauta v Kelly (1999) 167 CLR 568 at 577.…