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Minister for Immigration & Multicultural Affairs v Jia Le Geng

Minister for Immigration & Multicultural Affairs v Jia Le Geng

Case [1996] FCA 1149 20 December 1996

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AGLC: Minister for Immigration & Multicultural Affairs v Jia Le Geng [1996] FCA 1149
Case: [1996] FCA 1149
Decision Date: 20 DECEMBER 1996

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Citations

Minister for Immigration & Multicultural Affairs v Jia Le Geng [1996] FCA 1149

Most Recent Citation

NBLH v Minister for Immigration and Citizenship [2007] FCA 209

Cases Citing This Decision

8

CIE18 (by their litigation guardian SZUWQ) v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FedCFamC2G 544
Citation 1 (Para 13)

…It is well established that an allegation of bias must be distinctly made and clearly proved: see Minister for Immigration & Multicultural Affairs v Jia Le Geng (2001) 205 CLR 507 at [69] per Gleeson CJ and Gummow J and [127] per Kirby J. In addition, a finding of actual bias would require that the Court be satisfied that the Tribunal was so committed to a conclusion…
ACC15 v Minister for Immigration [2015] FCCA 2366
Citation 2 (Para 2)

…of prejudgment, is one so committed to a conclusion already formed as to be incapable of alteration, whatever evidence or arguments may be presented: Minister for Immigration & Multicultural Affairs v Jia Le Geng (2001) 205 CLR 507 at 532 [72] per Gleeson CJ and Gummow J.…
ACA15 v Minister for Immigration [2015] FCCA 2727
Citation 3 (Para 6)

…o a conclusion already formed as to be incapable of alteration, or being persuaded differently, whatever evidence or other argument may be presented: Minister for Immigration & Multicultural Affairs v Jia Le Geng (2001) 205 CLR 507. An allegation of bias, however, is a serious one and must be clearly proven. The only evidence that appears to be relied upon by the app…
SZONA v Minister for Immigration & Anor [2011] FMCA 99
Citation 4 (Para 2)

…oved: Minister for Immigration & Multicultural Affairs v Jia [2001] HCA 17. His Honour Callihan J at [228] referred to French J (as he was then) in Jia Le Geng v Minister for Immigration & Multicultural Affairs (1998) 84 FCR 87 at 106 where his Honour states: The onus of demonstrating actual bias lies upon an Applicant for judicial review and it is a heavy onus. The…
SZLAI v Minister for Immigration and Citizenship [2008] FCA 608
Citation 5 (Para 24)

…g (the appellant’s) case”. It is, I infer, a complaint of actual bias. Any claim of bias must be firmly and distinctly made and clearly proven; Minister for Immigration & Multicultural Affairs v Jia Le Geng (2001) 205 CLR 507 at [546]. The appellant has not provided any particulars to support such an assertion. None are discernible from the reasons of the Tribunal. T…
SZFQH v Minister for Immigration & Citizenship [2007] FCA 265
Citation 6

…Cth), s 424A Abebe v Commonwealth (1999) 197 CLR 510 cited Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Minister for Immigration & Multicultural Affairs v Jia Le Geng (2001) 205 CLR 507 cited Minister for Immigration & Multicultural & Indigenous Affairs v SGLB (2004) 207 ALR 12 cited NABE v Minister for Immigration & Multicultura…
NBLH v Minister for Immigration and Citizenship [2007] FCA 209
Citation 7 (Para 19)

…hat this is an allegation of bias the applicant has not met the requirement that such an allegation be firmly and distinctly made and clearly proved: Minister for Immigration & Multicultural Affairs v Jia Le Geng (2001) 205 CLR 507 at [530].…
NANM v Minister for Immigration [2004] FMCA 392
Citation 8

…Jia Le Geng v Minister for Immigration & Multicultural Affairs (1999) 93 FCR 556…

See all citing cases →

Cases Cited

11

Gungor v Minister for Immigration [2011] FMCA 516
Citation 1

…Minister for Immigration & Ethnic Affairs v. Daniele (1981) 39 ALR 649 Irving v. Minister of State for Immigration, Local Government & Ethnic Affairs (not yet reported, Federal Court of Australia, Full Court 30 July 1996, Judgment No. 663/1996) Associated Provincial Picture Houses Ltd v. Wednesbury …
Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6
Citation 2

…irs (1981) 4 ALN N39 Beckner v. Minister for Immigration & Ethnic Affairs (1991) 30 FCR 49 Minister for Immigration & Ethnic Affairs v. Wu Shan Liang (1996) 136 ALR 481 Simplot v. Nettlefold (1996) 139 ALR 371 Australian Broadcasting Tribunal v. Bond (1990) 170 CLR 321 Commissioner of Police v. Anderson (not yet repo…
Beckner v Minister for Immigration, Local Government and Ethnic Affairs [1991] FCA 331
Citation 3

…v. Gungor (1982) 4 ALD 575 Degerli v. Minister for Immigration & Ethnic Affairs (1981) 4 ALN N39 Beckner v. Minister for Immigration & Ethnic Affairs (1991) 30 FCR 49 Minister for Immigration & Ethnic Affairs v. Wu Shan Liang (1996) 136 ALR 481 Simplot v. Nettlefold (1996) 139 ALR 371 Australian Broadcasting Tribun…
Australian Broadcasting Tribunal v Bond [1990] HCA 33
Citation 4

…or Immigration & Ethnic Affairs v. Wu Shan Liang (1996) 136 ALR 481 Simplot v. Nettlefold (1996) 139 ALR 371 Australian Broadcasting Tribunal v. Bond (1990) 170 CLR 321 Commissioner of Police v. Anderson (not yet reported, Supreme Court of New South Wales Court of Appeal; CA 40469/95, 21 October 1996) Minister for Ab…
Chan v Minister for Immigration and ethnic Affairs [1989] HCA 62
Citation 5

…63/1996) Associated Provincial Picture Houses Ltd v. Wednesbury Corporation [1948] 1 KB 223 Chan Yee Kin v. Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 Minister for Immigration v. Gungor (1982) 4 ALD 575 Degerli v. Minister for Immigration & Ethnic Affairs (1981) 4 ALN N39 Beckner v. Minister for Imm…
South Australia v O'Shea [1987] HCA 39
Citation 6

…ied on Kioa v. West (1985) 159 CLR 550 at p.628; Minister for Aboriginal Affairs v. Peko-Wallsend Ltd (1986) 162 CLR 24 and South Australia v. O'Shea (1987) 163 CLR 378 at pp.389, 403 and 409-410; and Djaigween (at pp.25-26).…
Stead v State Government Insurance Commission [1986] HCA 54
Citation 7

…bunal will be the same. However, I cannot rule out as a possibility, that the result may be different: Stead v. State Government Insurance Commission (1986) 161 CLR 141. This situation appears to have arisen due to an unfortunate communication breakdown. The equally, if not more unfortunate, result is an inadvertent…
Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40
Citation 8

…ull Court, not yet reported, 28 May 1996, Judgment No. 395/1996) Kioa v. West (1985) 159 CLR 550 Minister for Aboriginal Affairs v. Peko-Wallsend Ltd (1986) 162 CLR 24…
Kioa v West [1985] HCA 81
Citation 9

…fairs v. State of Western Australia & Ors (Federal Court of Australia, Full Court, not yet reported, 28 May 1996, Judgment No. 395/1996) Kioa v. West (1985) 159 CLR 550 Minister for Aboriginal Affairs v. Peko-Wallsend Ltd (1986) 162 CLR 24…
Degerli v Minister for Immigration and Ethnic Affairs [1981] FCA 250
Citation 10

…Minister for Immigration & Ethnic Affairs v. Daniele (1981) 39 ALR 649 Irving v. Minister of State for Immigration, Local Government & Ethnic Affairs (not yet reported, Federal Court of Australia, Full Court 30 July 1996, Judgment No. 663/1996) Associated Provincial Picture Houses Ltd v. Wednesbury …
Minister for Immigration and Ethnic Affairs v Daniele [1981] FCA 247
Citation 11

…Minister for Immigration & Ethnic Affairs v. Daniele (1981) 39 ALR 649 Irving v. Minister of State for Immigration, Local Government & Ethnic Affairs (not yet reported, Federal Court of Australia, Full Court 30 July 1996, Judgment No. 663/1996) Associated Provincial Picture Houses Ltd v. Wednesbury Corporation [1948…

Legislation Cited

3

Migration Act 1958 (Cth) 501
4 mentions
Administrative Appeals Tribunal Act 1975 (Cth)
2 mentions
Taxation Administration Act 1953 (Cth)
2 mentions