AZC20 v Secretary, Department of Home Affairs [2023] FCA 1252

Federal Court of Australia

AZC20 v Secretary, Department of Home Affairs [2023] FCA 1252 File number: VID 695 of 2021

Judgment of: KENNETT J

Date of judgment: 18 October 2023

Catchwords: HIGH COURT AND FEDERAL COURT – Application for disqualification of judge on basis of apprehended bias – where two of respondents' witnesses previously gave evidence in cases in which judge appeared as senior counsel – where judge often represented respondent parties – application dismissed

Legislation: Migration Act 1958 (Cth) ss 46A, 198, 198AD, 198AE

Cases cited: AJL20 v Commonwealth [2020] FCA 1305; 279 FCR 549 ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 AZC20 v Minister for Home Affairs [2021] FCA 1234 AZC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 26; 97 ALJR 674 British American Tobacco Australia Ltd v Gordon [2007] NSWSC 109 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; 268 CLR 76 Commonwealth v AJL20 [2021] HCA 21; 273 CLR 43 Contract Mining Services Pty Ltd v Adelaide Brighton Cement Limited [2020] SASC 69 CYG20 v Commonwealth [2021] FCA 259 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Gascor v Ellicott [1997] 1 VR 332 Guo v Commonwealth [2017] FCA 1355; 278 FCR 31 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 Masi-Haini v Minister for Home Affairs [2023] FCAFC 126 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AZC20 [2022] FCAFC 52; 290 FCR 149 Plaintiff S10/2011 v Minister for Immigration and Citizenship [2012] HCA 31; 246 CLR 636 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2023] HCA 15; 97 ALJR 419 Re JRL; Ex parte CJL (1986) 161 CLR 342 SZQYM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 779; 169 ALD 579 Tran v Commonwealth [2021] FCA 580