Federal Court of Australia
Federal Court of Australia
CNY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1568 Appeal from: CNY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1141
File number: WAD 141 of 2021
Judgment of: JAGOT J
Date of judgment: 16 December 2021
Catchwords: MIGRATION – apprehended bias – where Secretary of Department gave material to Immigration Assessment Authority (IAA) pursuant to s 473CB(1)(c) of Migration Act 1958 (Cth) – where s 473DB requires IAA to review decision by considering material given by Secretary – where matter remitted to IAA by High Court after finding earlier IAA decision affected by apprehended bias as a result of prejudicial information provided by Secretary – where Secretary provided differently constituted IAA with copy of High Court judgment including summary of prejudicial information – whether IAA decision affected by apprehended bias – appeal dismissed
Legislation: Migration Act 1958 (Cth) Pt 7AA, ss 473CA, 473CB, 473CC, 473DB, 473EA
Cases cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72; (2005) 225 CLR 88 Charisteas v Charisteas [2021] HCA 29; (2021) 393 ALR 389 Church of Scientology Inc v Woodward [1982] HCA 78; (1982) 154 CLR 25 CNY17 v Minister for Immigration & Anor [2017] FCCA 2731 CNY17 v Minister for Immigration and Border Protection [2018] FCAFC 159; (2018) 264 FCR 87 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; (2019) 268 CLR 76 CNY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1141 FSG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 29; (2020) 274 FCR 456 MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 11 Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; (2011) 244 CLR 427 Minister for Immigration and Border Protection v AMA16 [2017] FCAFC 136; (2017) 254 FCR 534 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CQZ15 [2021] FCAFC 24 SZGUW v Minister for Immigration and Citizenship [2009] FCA 321; (2009) 108 ALD 108
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