Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZRCI v Minister for Immigration and Citizenship [2012] FCA 965 Citation: SZRCI v Minister for Immigration and Citizenship [2012] FCA 965
Appeal from: SZRCI v Minister for Immigration [2012] FMCA 343
Parties: SZRCI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and RON WITTON IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: NSD 662 of 2012
Judge: FLICK J
Date of judgment: 5 September 2012
Catchwords: MIGRATION – application for protection visa – whether person has well-founded fear of persecution – application of "real chance" test – reference to "real chance" in reasons not necessarily application of incorrect test – no error in Federal Magistrate's decision PRACTICE AND PROCEDURE – appeal – amendment of grounds of appeal – failure to amend within 28 days – need for leave – exercise of discretion – prejudice to respondent – amendment allowed in part ADMINISTRATIVE LAW – procedural fairness – bias – reasonable apprehension of bias – "copying and pasting" reasons from prior decisions – whether "copying and pasting" sufficient – need to assess nature and extent of duplication – whether decision-maker has failed to consider the facts of a particular claim
Legislation: Federal Court Rules 2011 (Cth) r 36.10 Federal Court Rules (Cth) O 52 r 21 Migration Act 1958 (Cth) s 36
Cases cited: Applicant NABD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 29, 216 ALR 1, applied Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, applied Food Channel Network Pty Ltd v Television Food Network GP [2010] FCAFC 58, 185 FCR 9, cited Minister for Immigration and Citizenship v SZQHH [2012] FCAFC 45, 200 FCR 223, considered Minister for Immigration and Citizenship v Wu Shan Liang (1996) 185 CLR 259, cited Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559, applied NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134, cited Soliman v University of Technology, Sydney [2009] FCAFC 159, referred to SZMTJ v Minister for Immigration and Citizenship (No 2) [2009] FCA 486, 109 ALD 242, cited SZKMS v Minister for Immigration and Citizenship [2008] FCA 499, cited SZMKK v Minister for Immigration and Citizenship [2010] FCA 436 at [25], 114 ALD 634, cited SZOMU v Minister for Immigration and Citizenship [2011] FCA 140, 119 ALD 556, cited SZQGN v Minister for Immigration and Citizenship [2012] FCA 436, 127 ALD 299, cited SZRCI v Minister for Immigration [2012] FMCA 343, referred to University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481, applied VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158, referred to WAAOD v Minister for Immigration and Citizenship [2011] FCA 1044, 123 ALD 69, cited
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