Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZQFR v Minister for Immigration and Citizenship [2013] FCA 574 Citation: SZQFR v Minister for Immigration and Citizenship [2013] FCA 574
Appeal from: SZQFR v Minister for Immigration & Anor [2012] FMCA 863
Parties: SZQFR v MINISTER FOR IMMIGRATION AND CITIZENSHIP and JOHN BLOUNT IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: NSD 1538 of 2012
Judge: DOWSETT J
Date of judgment: 13 June 2013
Catchwords: MIGRATION – protection visa – independent merits reviewer recommended appellant not be recognised as person to whom refugee obligations owed – whether reviewer failed to consider all claims made by appellant- whether jurisdictional error COURTS AND JUDGES – bias – apprehended bias- whether a fair-minded observer might entertain a reasonable apprehension of bias following remittal of matter to Federal Magistrate who had earlier made findings of fact- whether nature of Federal Magistrate's task on the remitter relevant
Legislation: Federal Court of Australia Act 1976 (Cth) s 28 Migration Act 1958 (Cth) ss 5, 13, 14, 46A, 476, 477
Cases cited: Michael Williams & Partners Ltd v Nicholls (2011) 244 CLR 427 applied NABE v Minister for Immigration & Multicultural Affairs (No 2) (2004) 144 FCR 1 cited Plaintiff M61/2010E v Commonwealth of Australia (2010) 243 CLR 319 cited SZQDZ v Minister for Immigration and Citizenship [2012] FCAFC 26 referred to WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 referred to
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