SZOPX v Minister for Immigration and Citizenship [2011] FCA 552

FEDERAL COURT OF AUSTRALIA

SZOPX v Minister for Immigration and Citizenship [2011] FCA 552 Citation: SZOPX v Minister for Immigration and Citizenship [2011] FCA 552

Appeal from: SZOPX v Minister for Immigration and Citizenship [2011] FMCA 101

Parties: SZOPX v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

File number: NSD 278 of 2011

Judge: FLICK J

Date of judgment: 25 May 2011

Catchwords: MIGRATION – reasonable apprehension of bias – onus of establishing ground of review – ex tempore reasons – desirability of justice being done and being seen to be done

Legislation: Migration Act 1958 (Cth)

Cases cited: Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707, 148 FCR 446, cited Australian Securities Commission v Lucas (1992) 36 FCR 165, cited Jones v Ekermawi [2009] NSWCA 388, cited JRL, Re; Ex parte CJL [1986] HCA 39, 161 CLR 342, considered Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17, 205 CLR 507, considered Reece v Webber [2011] FCAFC 33, cited R v Commonwealth Conciliation and Arbitration Commission; Ex parte Angliss Group (1969) 122 CLR 546, cited Sagar v O'Sullivan [2011] FCA 182, cited SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668, considered SZANH v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1280, considered SZHHF v Minister for Immigration and Citizenship [2008] FCA 1818, cited SZMJV v Minister for Immigration and Citizenship [2008] FCA 1709, cited SZNOT v Minister for Immigration and Citizenship [2010] FCA 105, cited SZNVM v Minister for Immigration and Citizenship [2010] FCA 261, cited SZOPX v Minister for Immigration and Citizenship [2011] FMCA 101, cited VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117, referred to Kirby, M, "Appellate Reasons" (2007) 30 Australian Bar Review 3