Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVBN v Minister for Immigration and Border Protection (No 2) [2017] FCA 123 Appeal from: SZVBN & Ors v Minister for Immigration [2015] FCCA 2977
File number: NSD 527 of 2016
Judges: ROBERTSON J
Date of judgment: 17 February 2017
Catchwords: PRACTICE AND PROCEDURE – procedural fairness – whether apprehended bias – where party seeks to challenge the correctness of an earlier decision of a Full Court on a question of statutory construction – whether judge who was a member of that earlier Full Court should recuse himself
Legislation: Migration Act 1958 (Cth) ss 48, 48A
Cases cited: Betfair Pty Ltd v Racing New South Wales (No 14) [2010] FCA 696 Ceccattini v ICM 2000 Pty Ltd [1999] NSWSC 1196 Ewert v Lonie [1972] VR 308 Helljay Investments Pty Ltd v Deputy Commissioner of Taxation [1999] HCA 56; 166 ALR 302 Kartinyeri v Commonwealth [1998] HCA 52; 156 ALR 300 Minister for Immigration and Border Protection v Kim [2014] FCAFC 47; 221 FCR 523 Re Finance Sector Union of Australia; Ex parte Illaton Pty Ltd [1992] HCA 30; 107 ALR 581 Re JRL; Ex parte CJL [1986] HCA 39; 161 CLR 342 Sportsbet Pty Ltd v New South Wales [2010] FCA 604; 186 FCR 226 Aronson M, Groves M and Weeks G, Judicial Review of Administrative Action and Government Liability (6th ed, Lawbook Co, 2017)
Date of hearing: Heard on the papers
Date of last submissions: 15 February 2017 (Respondent) The Appellants did not provide submissions
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