SZSQS v Minister for Immigration and Border Protection [2014] FCA 219

FEDERAL COURT OF AUSTRALIA

SZSQS v Minister for Immigration and Border Protection [2014] FCA 219 Citation: SZSQS v Minister for Immigration and Border Protection [2014] FCA 219

Appeal from: SZSQS & Ors v Minister for Immigration & Anor [2013] FCCA 1180

Parties: SZSQS, SZSQT and SZSQU v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL

File number: NSD 2077 of 2013

Judge: FARRELL J

Date of judgment: 19 March 2014

Catchwords: MIGRATION – appeal from Federal Circuit Court – judicial review of decision of Refugee Review Tribunal – failure to admit evidence – evidence admitted on limited basis – affidavit admitted as aide memoire – whether evidence used inappropriately – whether evidence probative MIGRATION – appeal from Federal Circuit Court – judicial review of decision of Refugee Review Tribunal – apprehended bias – mistakes of fact – whether allegation of bias rested on "tone" – consideration of all circumstances by primary judge MIGRATION – appeal from Federal Circuit Court – judicial review of decision of Refugee Review Tribunal – comments made concerning legal representatives – whether comments reveal an irrelevant consideration

Legislation: Migration Act 1958 (Cth)

Cases cited: House v R (1936) 55 CLR 499 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 Selvadurai v Minister for Immigration and Ethnic Affairs (1994) 34 ALD 347 SZRUI v Minister for Immigration [2013] FCAFC 80 SZSQS & Ors v Minister for Immigration & Anor [2013] FCCA 1180