SZBLY v Minister for Immigration and Citizenship [2007] FCA 765

FEDERAL COURT OF AUSTRALIA

SZBLY v Minister for Immigration and Citizenship [2007] FCA 765 MIGRATION – leave to rely upon ground of appeal abandoned in the Court below – reasonable apprehension of bias where reconstituted Tribunal has previously made adverse credibility findings – procedural unfairness – jurisdictional error. Held: Appeal upheld Migration Act 1958 (Cth), ss 414, 415, 424A(1) Applicant NAFF of 2002 v Minister for Immigration and Multicultural Affairs (2004) 221 CLR 1, cited Australian National Industries Ltd v Spedley Securities Ltd (in liq) (1992) 26 NSWLR 411, referred to Bilgin v Minister for Immigration and Multicultural Affairs (1997) 149 ALR 281, distinguished Coulton v Holcombe (1986) 162 CLR 1, referred to Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337, referred to Ex parte Schofield; Re Austin (1953) 53 SR (NSW) 163, referred to Galea v Galea (1990) 19 NSWLR 263, adopted Gomez v Minister for Immigration and Multicultural Affairs (2002) 190 ALR 543, referred to Grassy v The Queen (1989) 168 CLR 1, referred to Hosler v Maughan (1989) 40 A Crim R 281, referred to J.R.L.; Ex parte C.J.L (1986) 161 CLR 342, followed Kanda v Government of Malaya [1962] AC 322, followed Khadem v Barbour (1995) 38 ALD 299, referred to Livesey v New South Wales Bar Association (1983) 151 CLR 288, referred to Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597, considered Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611, cited Minister for Immigration and Multicultural Affairs v Jia (2001) 178 ALR 421, referred to Minister for Immigration and Multicultural Affairs v SZGMF [2006] FCAFC 138, referred to NAHD of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 214 ALR 264, followed NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51, considered O'Brien v Komesaroff (1982) 150 CLR 310, referred to Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476, referred to R v Watson; Ex parte Armstrong (1976) 136 CLR 248, followed Re Finance Sector Union of Australia; Ex parte Illaton Pty Ltd (1992) 6 ALJR 583, referred to Re Polites: Ex parte Hoyts Corporation Pty Ltd (No 2) (1991) 173 CLR 78, referred to Re Refugee Tribunal; Ex parte H (2001) 179 ALR 425, followed SAAP v Minister for Immigration and Multicultural and Indigenous affairs (2005) 79 ALJR 1009, considered SZCIJ v Minister for Immigration and Multicultural Affairs [2006] FCAFC 62, considered SZEPN v Minister for Immigration and Multicultural Affairs [2006] FCA 886, cited SZFIR v Minister for Immigration and Citizenship [2007] FCA 424, referred VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168, referred to Vakauta v Kelly (1989) 167 CLR 568, considered VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158, considered Vyvyan v Vyvyan (1861) 54 ER 813, referred to White v Minister for Immigration and Multicultural Affairs (2000) 96 FCR 511, adopted Wimalaratne v Minister for Immigration and Multicultural Affairs [2000] FCA 1737, considered. SZBLY v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 451 OF 2007