VFAB v Minister for Immigration & Multicultural & Indigenous Affairs

KENNY J the second decision of the tribunal the bias grounds (i)    Actual Bias (ii)   Apprehended Bias the conduct of the hearing – what the transcript shows (i)    The opening of the hearing I must actually lodge a very serious complaint about the slack way in which all these documents have been lodged today or yesterday Well, I can’t accept that explanation I don’t want an explanation from you, I’m just telling you one of the alarming things about it is there has been a very strange letter on the file asking me or the tribunal to give an undertaking that it won’t take into account certain information that was not released (ii)   The hearing Did he? Suddenly this new information has arrived You didn’t know the date of that by-election several So the only person that was forced to leave was the camp boss. changed Well, I have difficulty in believing that a whole series of agents robbed you of money what sort of weapon were they using? But you can’t tell me when the by-election was announced. I don’t want to ring him up.  Why should I? The victory of the person in the by-election was apparently so overwhelming that I have a great deal of difficulty believing that they would be so adversely interested in you why only this one family is always elected from this particular place?  Is it the usual thing in democracy?  (iii)  After the hearing the applicant’s affidavit the parties’ submissions consideration consideration some remaining matters conclusion