Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zaburoni v Minister for Immigration and Border Protection [2017] FCAFC 205 Appeal from: Zaburoni v Minister for Immigration and Border Protection [2017] FCA 654
File number: NSD 1078 of 2017
Judges: GRIFFITHS, MOSHINSKY AND BROMWICH JJ
Date of judgment: 11 December 2017
Catchwords: PRACTICE AND PROCEDURE – application to adduce new evidence – where new evidence contained statements of reasons from visa cancellation decisions which contained substantially similar words to those used by the Minister in his statement of reasons in this case – whether new evidence was intended to support a case not run below – leave refused MIGRATION – appeal from a decision of a single judge of the Federal Court of Australia –whether primary judge erred in not accepting that the Minister had inflexibly applied a policy and thereby failed to exercise the required statutory discretion under s 501(2) of the Migration Act 1958 (Cth) – whether primary judge applied the wrong test for apprehended bias – whether primary judge erred in not finding that the Minister's decision was attended by apprehended bias – need to establish appealable error –appeal dismissed with costs
Legislation: Migration Act 1958 (Cth) s 501(2) Federal Court Rules 2011 (Cth) r 36.57
Cases cited: ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; 117 FCR 424 Dovuro Pty Ltd v Wilkins [2000] FCA 1902; 105 FCR 476 Isbester v Knox City Council [2015] HCA 20; 255 CLR 135 Knight v Beyond Properties Pty Ltd [2007] FCAFC 170; 242 ALR 586 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural and Indigenous Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 Paul Kenney v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development [2017] FCAFC 15; 346 ALR 528 Robertson v Knott Investments Pty Ltd (No 3) [2010] FCA 1074 Zaburoni v The Queen [2016] HCA 12; 256 CLR 482
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