Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHBP v Minister for Immigration and Citizenship [2008] FCA 1299
MIGRATION – claim that apprehended bias infected a Tribunal decision – correct test – relevance of factors that actually influenced the outcome – application of test to the facts NATURAL JUSTICE – apprehended bias Migration Act 1958 (Cth) ss 36(2), 45, 46, 47(1), 65, 91R(1), s 411(1)(c), 412, 414(1) and 415 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 referred to Re RUDDOCK (in his capacity as Minister for Immigration and Multicultural Affairs); Ex parte APPLICANT S154/2002 (2003) 201 ALR 437 cited Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553 referred to SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 cited Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577 cited Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 cited Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 followed Hot Holdings Pty Limited v Creasy (2002) 210 CLR 438 cited SZHBP v Minister for Immigration and Citizenship (2007) 97 ALD 84 referred to SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 cited SZHBP v Minister for Immigration & Citizenship [2008] FMCA 699 referred to SZHBP v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 867 of 2008
GRAHAM J
21 AUGUST 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 867 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHBP
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GRAHAM J
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate