Federal Court of Australia
Federal Court of Australia
Afegogo v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1128 Review of: Afegogo and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] AATA 4448
File number: WAD 11 of 2023
Judgment of: JACKSON J
Date of judgment: 21 September 2023
Catchwords: MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal - reasonable apprehension of bias - conduct of hearing before Tribunal - applicant appeared with assistance of interpreter before Tribunal - Minister's closing submissions interpreted in summary form for applicant - Tribunal expressed clear views and concerns which were not interpreted for applicant - conduct of hearing might lead fair-minded lay person to apprehend bias on part of Tribunal in the form of prejudgement - application allowed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 2A, 33, 34J, 35, 39, 40 Migration Act 1958 (Cth) s 500(6L)
Cases cited: BMT19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 328 Chen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 41; [2022] 288 FCR 218 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Galea v Galea (1990) 19 NSWLR 263 Hong v Minister for Immigration and Border Protection [2019] FCAFC 55; (2019) 269 FCR 47 Hot Holdings Pty Ltd v Creasy [2002] HCA 51; (2002) 210 CLR 438 Jatin v Minister for Immigration and Border Protection [2019] FCA 150 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 273 CLR 506 NADH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 328 Re Refugee Review Tribunal; Ex Parte Aala [2000] HCA 57; (2000) 204 CLR 82 Re Refugee Review Tribunal; Ex parte H [2001] HCA 28 SZOAF v Minister for Immigration and Citizenship [2010] FCA 431 SZRUI v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCAFC 80
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