AZZ18 v Minister for Home Affairs [2019] FCA 844

FEDERAL COURT OF AUSTRALIA

AZZ18 v Minister for Home Affairs [2019] FCA 844 Appeal from: AZZ18 v Minister for Home Affairs [2018] FCCA 3949

File number: WAD 618 of 2018

Judge: COLVIN J

Date of judgment: 7 June 2019

Catchwords: MIGRATION - appeal from decision of the Federal Circuit Court dismissing application for review of decision of the Immigration Assessment Authority affirming delegate's decision to refuse protection visa - where appellant's wife had been granted protection visa - whether unreasonableness shown by reason of that outcome - whether apprehended bias of the Authority by reason of prejudicial material placed before it relating to the appellant's criminal conviction - where appellant made a submission to the Authority explaining his offending - appeal allowed

Legislation: Migration Act 1958 (Cth) ss 5M, 36(1c), 46, 473CA, 473CB, 473DA, 473DB, 473DD, 473DE, 473FA, 501 Migration Regulations 1994 (Cth) reg 2.07 Schedule 1 Item 1404

Cases cited: ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72; (2005) 225 CLR 88 BVD17 v Minister for Immigration and Border Protection [2018] FCAFC 114; (2018) 261 FCR 35 CKV16 v Minister for Immigration and Border Protection [2019] FCA 342 CNY17 v Minister for Immigration and Border Protection [2018] FCAFC 159 Hossain v Minister for Immigration and Border Protection [2018] HCA 34 Hot Holdings Pty Ltd v Creasy [2002] HCA 51; (2002) 210 CLR 438 Isbester v Knox City Council [2015] HCA 20; (2015) 255 CLR 135 Minister for Immigration and Border Protection v AMA16 [2017] FCAFC 136; (2017) 254 FCR 534 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16 SZRUI v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCAFC 80 Webb v The Queen [1994] HCA 30; (1994) 181 CLR 41