Tukala v Minister for Immigration, Citizenship and Multicultural Affairs (No 4) [2024] FCA 675

Federal Court of Australia

Tukala v Minister for Immigration, Citizenship and Multicultural Affairs (No 4) [2024] FCA 675 File number(s): NSD 589 of 2022 NSD 903 of 2022

Judgment of: BURLEY J

Date of judgment: 21 June 2024

Catchwords: PRACTICE AND PROCEDURE – interlocutory application seeking decisions of primary judge be set aside on the basis of apprehended bias and procedural unfairness – where applicants allege apprehended bias on the basis of alleged "secret meeting" involving the primary judge – where applicants allege procedural unfairness on the basis that applicants not afforded a reply to Minister's evidence and court book filed following the hearing - application dismissed

Legislation: Migration Act 1958 (Cth) s 486F Federal Court Rules 2011 (Cth) rr 2.26, 39.04, 39.32, 39.33, 39.34, 39.35

Cases cited: Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd [2009] FCA 1495; (2009) 84 IPR 22 Charisteas v Charisteas [2021] HCA 29; (2021) 273 CLR 289 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Fabre v Arenales (1992) 27 NSWLR 437 Grimaldi v Chameleon Mining NL (No 2) [2012] FCAFC 6; (2012) 200 FCR 296 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Kitoko v Registrar of the Federal Court of Australia [2024] FCAFC 14 Kitoko v Registrar, Registry of New South Wales, Federal Court of Australia [2023] FCA 1056 NAFF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] HCA 62; (2004) 221 CLR 1 Tukala v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 525 Tukala v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 74 Tukala v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCA 241 Tukala v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Costs) [2023] FCA 75