Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZITH v Minister for Immigration and Citizenship [2008] FCA 1866
ADMINISTRATIVE LAW – procedural fairness – apprehended bias – prejudgment ADMINISTRATIVE LAW – procedural fairness – failure to provide transcript and recordings to appellant – appellant already possessed transcript and recordings – inquisitional process – tribunal not obliged to play recordings of previous hearings – no breach EVIDENCE – discretion to refuse evidence – evidence relevant to issue in dispute – discretion miscarried PRACTICE AND PROCEDURE – whether to allow evidence outside time for filing – need to adjourn final hearing – case management – principles of justice – justice prevails over breach of court order Migration Act 1958 (Cth) s 36, s 424A, s 424AA, s 425 Black Decker (Australasia) Pty Ltd v GMCA Pty Ltd [2007] FCA 1623 cited Bloch v Bloch (1981) 180 CLR 390, 395-96 cited De Silva v Minister for Immigration and Multicultural Affairs (2000) 98 FCR 364 cited Kopalapillai v Minister for Immigration (1998) 86 FCR 547 cited Minister for Immigration and Multicultural Affairs v SZFDE (2006) 154 FCR 365 cited Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438 cited Platcher v Joseph [2004] FCAFC 68 cited Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 cited Sali v SPC Ltd (1993) 116 ALR 625 cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 cited SZEUI v Minister for Immigration and Citizenship [2008] FCA 1338 cited SZITH v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FMCA 1162 cited SZKMS v Minister for Immigration and Multicultural Affairs (2008) FCA 499 cited SZKOB v Minister for Immigration and Citizenship [2007] FCA 1949 cited SZLQD v Minister for Immigration and Citizenship [2008] FCA 739 cited SZLXI v Minister for Immigration and Citizenship [2008] FCA 1270 cited SZLWI v Minister for Immigration and Citizenship (2008) 171 FCR 134 cited SZMAE v Minister for Immigration and Citizenship [2008] FCA 1701 cited SZITH v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
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