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Jia v Minister for Immigration and Multicultural Affairs

Jia v Minister for Immigration and Multicultural Affairs

Case [1998] FCA 768

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AGLC: Jia v Minister for Immigration and Multicultural Affairs [1998] FCA 768
Case: [1998] FCA 768
Decision Date: 1 JULY 1998

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The application is dismissed.

The applicant is to pay the respondent’s costs of the application.

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Citations

Jia v Minister for Immigration and Multicultural Affairs [1998] FCA 768

Most Recent Citation

Manolakis v Henderson [2018] SADC 147

Cases Citing This Decision

Mutonhori v Mount Isa City Council (No. 2) [2025] ICQ 16
Citation 1 (Para 1)

…actual bias lies upon the party asserting actual bias and it is a heavy onus.[6] [5] Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427. [6] Jia v Minister for Immigration & Multicultural Affairs (1998) 84 FCR 87, 106 (French J).…
FZK v Department of Customer Service [2025] NSWCATAD 173
Citation 2 (Para 15)

…The onus of demonstrating grounds for recusal on the basis of actual bias lies with the party asserting it: Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 106, 107 cited with approval in Minister for Immigration & Multicultural Affairs v Jia Legeng (2001) 205 CLR 507; [2001] HCA 17 ( Jia Legeng )at [37]. As a result, the onus lies…
Mulhall v NSW Education Standards Authority [2025] NSWCATAD 70
Citation 3 (Para 81)

…unwilling to undertake any or any proper evaluation of the materials before [the decision-maker] which are relevant to the decision to be made”: Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 104 (French J). A finding of actual bias should not be made lightly and requires cogent evidence: South Western Sydney Area Health Services…
Frigger v The State of Western Australia [2024] WASCA 159
Citation 4 (Para 4)

…from those views is not enough to demonstrate actual bias. [35] Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; (2011) 244 CLR 427[33]. [36] Jia v Minister for Immigration (1998) 84 FCR 87, 106, a judgment approved by members of the High Court in Jia HC [72], [82].…
Petty Lirantzis v Justin Hunter and Shannon Hunter; Justin Hunter and Shannon Hunter v Petty Lirantzis [2023] NSWCATCD 175
Citation 5

…actual bias. The onus of demonstrating actual bias lies with Mr Saeedi as the party asserting bias and is a heavy onus to discharge (per French J in Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 106, 107, cited with approval by Gleeson CJ and Gummow J in Minister for Immigration & Multicultural Affairs v Jia Legeng [2001] HCA 17;…
Clark v Attorney General for New South Wales [2023] NSWCA 212
Citation 6 (Para 11)

…im or her from undertaking, or rendered him or her unwilling to undertake, a proper evaluation of the materials relevant to the decision to be made ( Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 104 per French J, approved in Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 at [82]; [2001] HCA 17)…
Sambastian v Police [2022] SASCA 119
Citation 7 (Para 31)

…etermination of the matter.[16] [14] Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337, [6] per Gleeson CJ, McHugh, Gummow and Hayne JJ. [15] Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87, 104 per French J, cited with approval in Minister for Immigration and Multicultural Affairs (2001) 205 CLR 507, [72] per Gleeson CJ and Gu…
YYZQ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 919
Citation 8 (Para 27)

…ation. That contention cannot be accepted. It amounts to an allegation of bias through prejudgment. The applicant bore a heavy onus in this regard: Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 106 (French J). An allegation of this nature must be “distinctly made and clearly proved”: Minister for Immigration and Multicultural Affa…
Cju v SafeWork NSW [2018] NSWCATAD 171
Citation 9

…ake any or any proper evaluation of the materials before him or her which are relevant to the decision to be made."; per French J (as he then was) in Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 104.…
Bodycorp Repairers Pty Ltd v Oakley Thompson & Co Pty Ltd [2018] VSCA 33
Citation 10

…, citing Singh v Minister for Immigration and Ethnic Affairs [1996] FCA 902; Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71, 123; Jia v Minister for Immigration & Multicultural Affairs (1998) 84 FCR 87, 104–5. [28] Michael v State of Western Australia [2007] WASCA 100 [64], quoting Galea v Galea (1990) 19 NSWLR 263, 283 (Meagher JA). [29]…
Bodycorp Repairers Pty Ltd v Holding Redlich [2018] VSCA 17
Citation 11

…0) 96 FCR 125, 134, citing Singh v Minister for Immigration and Ethnic Affairs (Unreported, Federal Court of Australia, Lockhart J, 18 October 1996); Jia v Minister for Immigration & Multicultural Affairs (1998) 84 FCR 78, 104–5.…
Minister for Immigration and Border Protection v SZTJF [2015] FCA 1052
Citation 12 (Para 32)

…d mind to the issues raised and was not open to persuasion by the first respondent’s case: see the discussion of the authorities in Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 103-105.…
Grabovsky v Secretary, Department of Social Services [2015] FCA 244
Citation 13 (Para 7)

…enders him unwilling to undertake any or any proper evaluation of the materials before him or her which are relevant to the decision to be made”: Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 104 (French J). There is nothing of this kind evident here.…
Hocking v Medical Board of Australia [2014] ACTSC 48
Citation 14

…d [1977] 1 NSWLR 378 Inglis v Moore (1979) 24 ALR 411 IW v City of Perth (1997) 191 CLR 1, 50-51 Jarratt v Commissioner of Police (2005) 224 CLR 44 Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 Jones v Dunkel (1959) 101 CLR 298 Kozanoglu v Pharmacy Board of Australia [2012] VSCA 295 (12 December 2012) Manly Council v Byrne and Anor […
Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] FCA 938
Citation 15 (Para 37)

…In Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87, French J (when his Honour was a judge of this Court) said (at 106): The onus of demonstrating actual bias lies upon an applicant for judicial review and it is a heavy onus.…
VM v NSW Trustee and Guardian [2011] NSWADTAP 13
Citation 16 (Para 1)

…The onus of demonstrating actual bias lies with the appellant and is a heavy onus to discharge: Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at pp 106 - 107, per French J. Having read the transcript and listened to VMâ€™s submissions, we are not satisfied that any of the Tribunal members had a closed mind prior to the hearing or tha…
Town of Gawler v Minister for Urban Development and Planning [2011] SASC 26
Citation 17

…and the Grenadines [2007] 1 WLR 2825; Upham v The Grand Hotel (SA) Pty Ltd and the Development Assessment Commission (1999) 74 SASR 557, discussed. Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87; Hamilton v Al-Fayed (No 1) [1999] 3 All ER 317; Cornwall v Rowan (2004) 90 SASR 269; Wilson v First County Trust Ltd [2004] 1 AC 816; Lange…
IS v Public Guardian & Ors [2009] NSWADTAP 24
Citation 18

…24 The onus of demonstrating actual bias lies with the appellant and is a heavy onus to discharge (per French J in Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at pp 106 – 107, cited with approval by Gleeson CJ and Gummow J in Minister for Immigration & Multicultural Affairs v Jia Legeng.…
SZJXH v Minister for Immigration & Citizenship [2007] FCA 1691
Citation 19 (Para 19)

…e paragraphs. It is sufficient to observe that an allegation of bias must establish a threshold reflected in terms of the observations of French J in Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 in that it must reflect a pre-existing state of mind which disables the decision-maker from undertaking or renders him unwilling to underta…
SZKHK v Minister for Immigration and Citizenship [2007] FCA 1700
Citation 20 (Para 16)

…first is the contention that the Tribunal made a decision before conducting a hearing and was therefore biased. In relation to bias, French J in Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87, observed that bias must be a pre‑existing state of mind which disables the decision‑maker from undertaking or renders him unwilling to underta…
Eastman v Attorney-General for the Australian Capital Territory [2007] ACTSC 28
Citation 21 (Para 1)

…by reason of the statements made in the radio broadcast demonstrated that he had prejudged the respondents’ character. At first instance, in Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 106, French J found that the Minister had formed ‘a view strongly adverse to the conclusion that (respondents) could be described as person(s) o…
NACL v Refugee Review Tribunal [2002] FCA 643
Citation 22 (Para 4)

…e High Court in Hickman. In support of that submission, the Applicant acknowledged the tests as to the existence of actual bias enunciated in Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 104, where the following test was enunciated by French J at first instance as follows: “It must be a pre-existing state of mind which disables t…
Sun v Minister for Immigration and Multicultural Affairs [2001] FCA 1760
Citation 23 (Para 11)

…to undertake, any or any proper evaluation of the materials placed before him which would be relevant to the decision required of him to be made: see Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 104 per French J. There is nothing on the material before me to demonstrate that the Tribunal member so acted in undertaking his conside…
Raharjo v Minister for Immigration and Multicultural Affairs [2001] FCA 1726
Citation 24

…Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 referred to…
He v Minister for Immigration and Multicultural Affairs [2001] FCA 1704
Citation 25 (Para 13)

…In Jia v Minister for Immigration & Multicultural Affairs (1998) 84 FCR 87 at 104, French J said that actual bias, within the meaning of par 476(1)(f) of the Act, “… must be a pre-existing state of mind which disables the decision-maker from undertaking or renders him [or her] unwilling to undertake any or any proper evaluation of the materials before him or…
Minister for Immigration And Multicultural Affairs v Jia Legeng [2001] HCA 17
Citation 26 (Para 15)

…l, and that he was sure that most Australians would be surprised that a non-citizen with such convictions had been found to be of good character. [3] Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 95 (emphasis removed).…
White v Minister for Immigration Multicultural Affairs [1999] FCA 1433
Citation 27 (Para 30)

…His Honour observed that he had previously rejected a similar submission in Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 110-111. The Full Court had subsequently taken a similar view in Minister for Immigration and Multicultural Affairs v Gunner (1998) 84 FCR 400 at 408. French J was therefore bound by the decision in Gunner to r…
G v W [2021] WASCA 180
Citation 28 (Para 4)

…apprehension of bias,[66] where it is 'firmly established'. [63] Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; (2011) 244 CLR 427[33]. [64] Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87, 106, a judgment approved by members of the High Court in Minister for Immigration and Multicultural Affairs v Jia Legeng [72], [82]. [65]…
Ogbonna v CTI Logistics Ltd [2021] WASCA 25
Citation 29 (Para 1)

…apprehension of bias,[27] where it is 'firmly established'. [24] Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; (2011) 244 CLR 427[33]. [25] Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87, 106, a judgment approved by members of the High Court in Jia [72], [82]. [26] Jia [127]. [27] See R v Commonwealth Conciliation and Arbitr…
Ogbonna v CTI Logistics Ltd [2021] WASCA 21
Citation 30 (Para 4)

…is a heavy onus.[6] [5] Michael Wislon & Partners Ltd v Nicholls [2011] HCA 48; (2011) 244 CLR 427[33] ] (Gummow A-CJ, Hayne, Crennan & Bell JJ). [6] Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87, 106 (French J) and Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 [72], [82] (Gleeson C…
Creggan Holdings Pty Ltd as trustee for the Gwendoline Trust v Rizzi as trustee for the Boston Investment Trust [No 2] [2023] WASC 64
Citation 31 (Para 3)

…21] WASCA 21 [11]. [15] Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; (2011) 244 CLR 427 [33] (Gummow A-CJ, Hayne, Crennan & Bell JJ). [16] Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87, 106 (French J) and Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 [72], [82] (Gleeson C…
Dahler v Australian Capital Territory [2014] FCA 946
Citation 32 (Para 18)

…im unwilling to undertake any or any proper evaluation of the materials before him or her which are relevant to the decision to be made”: Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 104 (French J). To make out a case of actual bias based on prejudgment it is necessary to show that the decision-maker approached the case with a cl…
White v Minister for Immigration & Multicultural Affairs [1999] FCA 690
Citation 33 (Para 6)

…tion order made against an applicant on the same grounds as the proposed cancellation and certificate of exclusion. I rejected similar submissions in Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 110-111. The Full Court has since taken a similar view in Minister for Immigration and Multicultural Affairs v Gunner (1998) 156 ALR 306…
He v Monash University [2024] VSC 826
Citation 34 (Para 14)

…n and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507, 519 [35] (Gleeson CJ and Gummow J) citing the first instance decision of French J in Jia v Minister for Immigration & Multicultural Affairs (1998) 84 FCR 87.…
Manolakis v HENDERSON [2018] SADC 147
Citation 35 (Para 4)

…proper evaluation of the materials before him or her which are relevant to the decision to be made.[29] [28] [2001] HCA 17, (2001) 205 CLR 507. [29] Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 at 104.…

Cases Cited

Statutory Material Cited

Sun Zhan Qui v Minister for Immigration and Ethnic Affairs [1997] FCA 1488
Citation 1

…ng v Minister for Immigration Local Government and Ethnic Affairs (1996) 139 ALR 84, cited Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505, cited Wannakuwattewau v Minister for Immigration and Ethnic Affairs (Fed C of A, North J, 24 June 1996, unrep), cited Sing v Minister for Immigratio…
Minister for Immigration and Ethnic Affairs v Baker [1997] FCA 105
Citation 2

…of A, North J, 24 June 1996, unrep), cited Sing v Minister for Immigration and Ethnic Affairs (Fed C of A, Lockhart J, 18 October 1996, unrep), cited Minister for Immigration and Ethnic Affairs v Baker (1997) 45 ALD 136, cited Gunner v Minister for Immigration and Multicultural Affairs (Fed C of A, 19 December 1997, Sackville J, unrep), not followed…
Irving v Minister for Immigration, Local Government and Ethnic Affairs [1996] FCA 663
Citation 3

…Irving v Minister for Immigration Local Government and Ethnic Affairs (1996) 139 ALR 84, cited Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505, cited Wannakuwattewau v Minister for Immigration and Ethnic Affairs (Fed C of A, North J, 24 June 1996, unrep), cited Sing v Minister for Immig…
Lynch v Minister for Human Services and Health [1995] FCA 1084
Citation 4

…simply because the Minister takes a different view of the material considered by the AAT: cf Lynch v Minister for Human Services and Health (1995) 61 FCR 515 (FCA/FC), at 527-528 per Moore J. Whether the Minister’s view of the merits is or is not reasonable is not the point. It is that clearer language is required b…
Minister for Immigration and Ethnic Affairs v Daniele [1981] FCA 247
Citation 5

…In his decision, the Deputy President said, applying Minister for Immigration and Ethnic Affairs v Daniele (1981) 39 ALR 649 that the Tribunal did have the power to consider the circumstances surrounding the commission of an offence for the purpose of determining what weight and gravity should be attributed to the c…

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