Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Forster v Minister for Immigration and Border Protection [2018] FCAFC 125 Appeal from: Forster v Minister for Immigration (No 2) [2017] FCCA 2678
File number: WAD 623 of 2017
Judges: PERRAM, PERRY & O'CALLAGHAN JJ
Date of judgment: 14 August 2018
Catchwords: APPEAL – procedural fairness – unreasonableness – sufficiency of reasons – whether Appellant on notice that evidence would be rejected as untruthful – whether unreasonable for trial judge to reject evidence as untruthful – whether sufficient reasons provided by trial judge for concluding Appellant as untruthful APPEAL – whether apprehended bias – where trial judge intervened on several occasions during hearing
Legislation: Migration Act 1958 (Cth) ss 501, 501CA Migration Regulations 1994 (Cth) reg 2.52
Cases cited: AMK16 v Assistant Minister for Immigration and Border Protection [2016] FCA 1557 Fox v Percy [2003] HCA 22; 214 CLR 118 GEM v The Queen [2010] VSCA 168 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Robinson Helicopter Company Inc v McDermott [2016] HCA 22; 331 ALR 550 Smith v New South Wales Bar Association [1992] HCA 36; 176 CLR 256 State Rail Authority (NSW) v Earthline Constructions Pty Ltd (in liq) [1999] HCA 3; 73 ALJR 306 Warren v Coombes [1979] HCA 9; 142 CLR 531 Megarry, Sir R, "Temptations of the Bench" (1978) 16 Alberta Law Review 406
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