Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CNY17 v Minister for Immigration and Border Protection [2018] FCAFC 159 Appeal from: CNY17 v Minister for Immigration & Anor [2017] FCCA 2731
File number: WAD 607 of 2017
Judges: MORTIMER, MOSHINSKY AND THAWLEY JJ
Date of judgment: 21 September 2018
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – fast track review process – apprehended bias – where the Secretary of the Department of Immigration and Border Protection provided documents to the Immigration Assessment Authority containing information that was said to be prejudicial – where the documents contained information about a criminal conviction, charges, and the appellant's conduct while in immigration detention – whether the information was relevant to the review – whether the decision of the Authority was affected by apprehended bias
Legislation: Crimes Act 1914 (Cth), ss 20, 29 Migration Act 1958 (Cth), ss 5H, 5J, 36, 46A, 65, 195A, 418, 473BA, 473BB, 473CA, 473CB, 473CC, 473DA, 473DB, 473DC, 473DD, 473FA, 473GA, 473GB, 473JA, 473JE, 501 Public Service Act 1999 (Cth) Migration Regulations 1994 (Cth), reg 4.43, Sch 4, Public Interest Criterion 4001 Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) Protocol Relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967)
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