Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CQJ15 v Minister for Immigration and Border Protection [2016] FCA 918 Appeal from: CQJ15 v Minister for Immigration and Border Protection & Anor [2016] FCCA 728
File number: NSD 508 of 2016
Judge: MARKOVIC J
Date of judgment: 11 August 2016
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – whether the primary judge erred by applying the wrong test or taking into account irrelevant considerations in respect of s 36(2)(aa) of the Migration Act 1958 (Cth) – whether apprehended bias was established on the part of the primary judge – whether the primary judge denied the applicant procedural fairness
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa)
Cases cited: Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Perera v Minister for Immigration & Multicultural Affairs (1999) 92 FCR 6 Re J.R.L.; Ex Parte C.J.L. (1986) 161 CLR 342 Re Refugee Tribunal; Ex Parte H (2001) 179 ALR 425 SZRMQ v Minister for Immigration and Border Protection and Another (2013) 219 FCR 212
Date of hearing: 3 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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