Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CQZ15 [2021] FCAFC 24

Federal Court of Australia

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CQZ15 [2021] FCAFC 24 Appeal from: CQZ15 v Minister for Immigration & Anor [2019] FCCA 2239

File number: VID 996 of 2019

Judgment of: KENNY, BROMBERG and ANDERSON JJ

Date of judgment: 4 March 2021

Catchwords: MIGRATION – appeal from Federal Circuit Court – whether primary judge erred in finding that Tribunal's decision was affected by jurisdictional error – appeal allowed – no material breach – notice of contention upheld on apprehended bias ground

Legislation: Migration Act 1958 (Cth), Pt 7 Migration Regulations 1994 (Cth)

Cases cited: ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; 375 ALR 47 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 33 FSG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 29 Isbester v Knox City Council [2015] HCA 20; 255 CLR 135 Islam v Minister for Immigration and Citizenship [2009] FCA 1526 Minister for Immigration and Border Protection v AMA16 [2017] FCAFC 136; 254 FCR 534 Minister for Immigration and Border Protection v CQZ15 [2017] FCAFC 194; 253 FCR 1 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 MZAOL v Minister for Immigration and Border Protection [2019] FCAFC 68 Re Refugee Review Tribunal v Ex parte H [2001] HCA 28; 75 ALJR 982 Shi v Migration Agents Registration Authority [2008] HCA 31; 235 CLR 286 Webb v The Queen [1994] HCA 30; 181 CLR 41