Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sapkota v Minister for Home Affairs [2020] FCA 167 Appeal from: Sapkota v Minister for Immigration and Border Protection [2018] FCCA 3043
File number: NSD 4 of 2019
Judge: GRIFFITHS J
Date of judgment: 19 February 2020
Catchwords: MIGRATION – application for extension of time to appeal – remitted application for review to Administrative Appeals Tribunal determined by same member who made original decision – whether arguable that primary judge erred by holding that there was no basis for a claim of apprehended bias
Legislation: Migration Act 1958 (Cth), s 362B Migration Regulations 1994 (Cth) Sch 2, cl 820.211; Sch 3, criteria 3001, 3003 and 3004
Cases cited: Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 83 ALJR 1123 MZAEU v Minister for Immigration and Border Protection [2016] FCAFC 100; 70 AAR 22 Sapkota v Minister for Immigration and Border Protection [2018] FCCA 3043 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86
Date of hearing: 19 February 2020
Registry: New South Wales
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