Patel v Minister for Immigration and Citizenship (No 4) [2012] FCA 1170

FEDERAL COURT OF AUSTRALIA

Patel v Minister for Immigration and Citizenship (No 4) [2012] FCA 1170 Citation: Patel v Minister for Immigration and Citizenship (No 4) [2012] FCA 1170

Appeal from: Patel v Minister for Immigration and Citizenship & Anor [2011] FMCA 112

Parties: CHANDRAKANT BHAGABHAI PATEL v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL

File number: QUD 67 of 2011

Judge: COLLIER J

Date of judgment: 25 October 2012

Catchwords: PRACTICE AND PROCEDURE – submissions emailed to registry by Counsel but not lodged for filing or placed on file – decision on the papers – submissions not brought to Judge's attention – judgment delivered on basis of no submissions – judgment entered – submissions then brought to Judge's attention – r 2.23 and r 39.05 Federal Court Rules 2011 (Cth) – Federal Court a superior Court of Record PRACTICE AND PROCEDURE – application to reopen argument limited to decision in Plaintiff M70/2011 v Minister for Immigration and Citizenship [2011] HCA 32 after judgment reserved – very exceptional circumstances required – principles in Eastman v Director of Public Prosecutions of the Australian Capital Territory (2003) 214 CLR 318 and Re Application by the Chief Commissioner of Police (Victoria) (2005) 214 ALR 422 PRACTICE AND PROCEDURE – dispositive orders previously made – whether reasonable apprehension of bias

Legislation: Migration Act 1958 (Cth) ss 116(b), 189(3), 198, 198A Migration Regulations 1994 (Cth) condition 8202(3) of Sch 8 Federal Court of Australia Act 1976 (Cth) ss 5, 25(1AA)(a) Federal Court Rules 2011 (Cth) rr 2.21, 2.23, 39.04, 39.05