AJX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 16

Federal Court of Australia

AJX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 16 Appeal from: AJX17 v Minister for Immigration & Anor [2020] FCCA 357

File number: NSD 320 of 2020

Judgment of: PERRY J

Date of judgment: 18 January 2023

Catchwords: MIGRATION – appeal from (then) Federal Circuit Court of Australia decision dismissing application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the Minister's delegate not to grant the appellant a protection visa – whether allegations of actual or apprehended bias against Tribunal member should have been upheld by primary judge – whether appellant given fair opportunity to present his claims to the Tribunal – whether Tribunal should have made further inquiries – held: appeal dismissed

Legislation: Migration Act 1958 (Cth) s 425

Cases cited: Abebe v Commonwealth [1999] HCA 14; (1999) 197 CLR 510 AJX17 v Minister for Immigration & Anor [2020] FCCA 357 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 259 ALR 429 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; (2004) 207 ALR 12 Re Refugee Review Tribunal; Ex parte H [2001] HCA 28; (2001) 179 ALR 425 SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668