Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v AMA16 [2017] FCAFC 136 Appeal from: AMA16 v Minister for Immigration and Border Protection [2017] FCCA 303
File number: VID 263 of 2017
Judge: DOWSETT, GRIFFITHS AND CHARLESWORTH JJ
Date of judgment: 30 August 2017
Catchwords: MIGRATION – appeal against primary judge's finding that a decision by the Immigration Assessment Authority (IAA) was vitiated by apprehended bias – whether primary judge denied the appellant procedural fairness in finding that the Secretary of the Department had given to the IAA information concerning a serious criminal charge against the first respondent without statutory warrant when it is contended that this issue was not raised below – whether primary judge erred in holding that the IAA's decision was affected by apprehended bias Held: appeal dismissed with costs
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) ss 65, 46A, 473BA, 473BB, 473CA, 473CB, 473CC, 473DA, 473DB, 473DC, 473DD, 473DE, 473EA, 473EB, 473FA, 473GA, 473GB, 473JE Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Public Service Act 1999 (Cth) Migration Regulations 1994 (Cth) r 4.43
Cases cited: ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72; 225 CLR 88 Crowley v Holmes [2003] FCAFC 189; 132 FCR 114 Drake v Minister for Immigration and Ethnic Affairs [1979] FCA 59; 24 ALR 577 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007]HCA 22; 230 CLR 89 Isbester v Knox City Council [2015] HCA 20; 255 CLR 135 Islam v Minister for Immigration and Citizenship [2009] FCA 1526 Livesey v New South Wales Bar Association [1983] HCA 17; 151 CLR 288 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) HCA 17; 205 CLR 507 Minister for Natural Resources v New South Wales Aboriginal Land Council (1987) 9 NSWLR 154 O'Sullivan v Medical Tribunal of New South Wales [2009] NSWCA 374 Shrestha v Migration Review Tribunal [2015] FCAFC 103; 229 FCR 301 Singh v Minister for Immigration and Border Protection [2014] FCA 955 SZRUI v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCAFC 80 Webb v The Queen [1994] HCA 30; 181 CLR 41
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