White v Minister for Immigration & Multicultural Affairs

In the case of White v Minister for Immigration & Multicultural Affairs, the appellant contested the Minister's decisions to cancel his permanent residence visa and to declare him an excluded person on the grounds of actual bias. The central issue was whether the appellant was entitled to amend his application and notice of appeal to include new evidence of bias, and whether he was estopped from doing so due to his prior knowledge or failure to act with reasonable diligence. The appellant argued that he was unaware of the facts supporting the bias claim until after the initial hearing and that it would have been futile to argue the point before the same judge who had previously dismissed similar evidence in another case. The respondent contended that the appellant should have known about the bias or could have discovered it with reasonable effort.

The court found that the appellant had indeed made out a substantial case of bias, considering the Minister's previous stance on the issue and the absence of a direct disavowal by the Minister. Consequently, the appeal was allowed, and the Minister's decisions were set aside. The court also noted that the appellant's visa would revive upon the issuance of the orders, leading to his release from detention. Regarding costs, the court decided to stand over the matter for further consideration, inviting written submissions from the parties by specific dates if they wished to contest the proposed cost orders.