Federal Court of Australia
Federal Court of Australia
Qajar v Australian Human Rights Commission [2022] FCA 1339 File number(s): QUD 70 of 2022
Judgment of: COLLIER J
Date of judgment: 11 November 2022
Catchwords: PRACTICE AND PROCEDURE – application for recusal on the basis of apprehended bias – whereas the applicant contends apprehended bias on the basis of previous proceedings concerning the validity of documents on which he relies in these subsequent proceedings – whether a fair-minded lay observer would apprehend failure to bring an impartial mind to the determination of the applicant's application – bias not substantiated – application dismissed APPEAL – application for leave to appeal from an interlocutory decision of a Judge of this Court refusing leave to issue subpoenas and setting aside notices to produce – whereas applicant contends leave is not required as his liberty is affected – whether decision of the primary Judge is attended by sufficient doubt as to necessitate its reconsideration – applicant's liberty is not affected so as to dispense with the requirement of leave – primary Judge's decision not attended by sufficient doubt – application dismissed
Legislation: Australian Human Rights Commission Act 1986 (Cth) Federal Court Act 1975 (Cth) Judiciary Act 1903 (Cth) Migration Act 1958 (Cth)
Cases cited: Australian Gas Light Company v ACCC [2003] FCA 1101 Cavar v Greengate Management Services Pty Ltd [2016] FCA 961 Charisteas v Charisteas [2021] HCA 29 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Fard v Secretary, Department of Immigration and Border Protection [2016] FCA 1224 Fard v Secretary, Department of Immigration and Border Protection [2016] FCAFC 155 Fard v Secretary, Department of Immigration and Border Protection [2017] HCASL 30 Haritos v Commissioner of Taxation [2015] FCAFC 92 McIlwaine v Ramsey Food Packaging Pty Ltd (2005) 221 ALR 785 Ogbonna v CTI Logistics Limited [2022] FCA 227 Qajar v Australian Human Rights Commission [2022] FCA 189 Seven Network Ltd v News Ltd (No.11) [2006] FCA 174 Talacko v Talacko Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125 Young v Hughes Trueman Pty Ltd (No 5) [2017] FCA 690
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