SZTKN v Minister for Immigration and Border Protection [2015] FCA 212

FEDERAL COURT OF AUSTRALIA

SZTKN v Minister for Immigration and Border Protection [2015] FCA 212 Citation: SZTKN v Minister for Immigration and Border Protection [2015] FCA 212

Appeal from: SZTKN v Minister for Immigration & Anor [2014] FCCA 2213

Parties: SZTKN v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL

File number: NSD 1060 of 2014

Judge: LOGAN J

Date of judgment: 16 February 2015

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia affirming the decision of the Refugee Review Tribunal – where applicant has been denied protection visa – whether Federal Circuit Court failed to identify jurisdictional error on the part of the Tribunal – whether Tribunal by questions asked at the hearing concerning religious beliefs displayed bias against appellant and failed to engage with the basis of the appellant's claim for protection Held: questions asked by the Tribunal of the appellant were at a general level of abstraction and not indicative of bias – neither actual nor apprehended bias patent on the face of the Tribunal's reasons – no failure by Federal Circuit Court to find jurisdictional error on the part of the Tribunal – appeal dismissed

Legislation: Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 applied Re Minister for Immigration and Multicultural Affairs; Ex Parte Durairajasingham (2000) 74 ALJR 405 applied Wide Bay Conversation Council Inc v Burnett Water Pty Ltd (No 9) (2011) 194 FCR 250 cited