Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ATC15 v Minister for Immigration and Border Protection [2016] FCA 1420 Appeal from: ATC15 v Minister for Immigration and Border Protection [2015] FCCA 2589
File number: WAD 586 of 2015
Judge: CHARLESWORTH J
Date of judgment: 28 November 2016
Catchwords: MIGRATION – protection visa – whether appellants denied procedural fairness by primary judge on judicial review application – whether decision of primary judge affected by apprehended bias – whether open to decision-maker to find delay in making protection visa application affected credibility of visa applicant's claims – whether factual findings open to decision-maker
Legislation: Federal Court of Australia Act 1976 (Cth), s 37AF Migration Act 1958 (Cth), ss 36, 65, 91R, 91S, 422B(1), 424A, 476 Migration Regulations 1994 (Cth), cl 866.221
Cases cited: BAX15 v Minister for Immigration and Border Protection [2016] FCA 491 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26, (2007) 235 ALR 609 SZOPX v Minister for Immigration and Citizenship [2011] FCA 552 Thuraisamy v Minister for Immigration and Multicultural Affairs [1999] FCA 1632 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 236 FCR 549
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