Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZZXM v Minister for Immigration and Border Protection [2016] FCA 405 Appeal from: MZZXM v Minister for Immigration & Anor [2015] FCCA 609
File number: VID 172 of 2015
Judge: MURPHY J
Date of judgment: 22 April 2016
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – application for protection visa – application unsuccessful before Tribunal – Tribunal decision quashed by Federal Circuit Court and application remitted to Tribunal – application allocated for hearing by the same member – member refused application for recusal and heard and determined application – application for protection visa again unsuccessful - whether a reasonable apprehension of bias arose – whether it is appropriate to look to terms of second tribunal decision to decide question of apprehended bias – appeal allowed
Legislation: Migration Act 1958 (Cth) Migration Amendment (Complementary Protections) Act 2011 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Amarjit Singh v Minister for Immigration & Multicultural Affairs [1997] FCA 809 Comcare v Broadhurst (2011) 192 FCR 497; [2011] FCAFC 39 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300 Jordan v Australian Postal Commission (2007) 47 AAR 321; [2007] FCA 2028 Kathiresan v Minister for Immigration and Multicultural Affairs [1998] FCA 159 Livesey v The New South Wales Bar Association (1983) 151 CLR 288; [1983] HCA 17 Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Minister for Immigration and Citizenship v MZXPA (2008) 100 ALD 312; [2008] FCA 185 Minister for Immigration and Citizenship v SZQHH (2012) 200 FCR 223; [2012] FCAFC 45 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 at 531; [2001] HCA 17 Minister for Immigration and Multicultural Affairs v Wang (2003) 215 CLR 518; [2003] HCA 11 MZXRE v Minister for Immigration and Citizenship (2009) 176 FCR 552; [2009] FCAFC 82 MZYXN v Minister for Immigration & Citizenship and Anor [2013] FCCA 134 MZZZW v Minister for Immigration and Border Protection [2015] FCAFC 133 NADH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 214 ALR 264; [2004] FCAFC 328 Re JRL; Ex parte CJL (1986) 161 CLR 342; [1986] HCA 39 Re Minister for Immigration and Multicultural Affairs and Anor; Ex parte Epeabaka (2001) 206 CLR 128; [2001] HCA 23 SBBA v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 90 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 16 SZRUI v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCAFC 80 SZSMD v Minister for Immigration and Border Protection [2015] FCA 202
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