Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZEOQ v Minister for Immigration and Multicultural Affairs [2006] FCA 1171
MIGRATION – judicial review – conduct of Tribunal member – bias – apprehended bias arising from conduct of Tribunal member. Held: Appeal allowed. Ebner v Official Trustee in Bankruptcy (2001) 205 CLR 337 Johnson v Johnson (2000) 201 CLR 488 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 R v Watson; Ex parte Armstrong (1976) 136 CLR 248 Re Refugee Review Tribunal and Anor; Ex parte H and Anor (2001) 75 ALJR 982 SBBS v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 194 ALR 749 Vakauta v Kelly (1989) 167 CLR 568 SZEOQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and REFUGEE REVIEW TRIBUNAL NSD 491 OF 2006
COWDROY J
8 september 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 491 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZEOQ
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE OF ORDER: 8 september 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The judgment and orders of the Federal Magistrates Court in matter SYG 3095 of 2004 delivered on 23 February 2006 be set aside. 3. In lieu thereof: a. The Refugee Review Tribunal be joined as a second respondent. b. A writ of certiorari issue to quash the decision of the second respondent in matter NO3/46505 handed down on 14 September 2004; c. There be an order in the nature of mandamus requiring the second respondent to review according to law the decision of the delegate of the first respondent to refuse a protection visa sought by the applicant. d. The first respondent pay the costs of the applicant before the Federal Magistrates Court. 4. The first respondent pay the applicant's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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