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

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

No reasonable apprehension of bias arises from the judge having previously appeared as counsel in cases involving Ms Davis or Mr Wyllie as witnesses, nor from having regularly represented Commonwealth parties; neither individually nor cumulatively do these factors establish a reasonable apprehension that the judge might not approach the case with an impartial mind.

Jurisdiction
Australia
Judgment Date
18 October 2023
Procedural Posture
Application for Judicial Disqualification Due to Apprehended Bias / Interlocutory Decision on Recusal Application
Outcome
Disqualification application refused
Legal Topics
['apprehended Bias' 'judicial Disqualification' 'immigration Detention' 'role of Prior Involvement as Counsel' 'merits of Recusal' 'fair Minded Observer Test']
['administrative Law' 'judicial Procedure'] ['apprehended Bias' 'judicial Disqualification' 'immigration Detention' 'role of Prior Involvement as Counsel' 'merits of Recusal' 'fair Minded Observer Test']

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Procedural Posture

Application for Judicial Disqualification Due to Apprehended Bias / Interlocutory Decision on Recusal Application

Legal Issues

  1. 1 ["Whether a reasonable apprehension of bias arises due to the judge's prior involvement as counsel in cases where current witnesses gave evidence and regular representation of Commonwealth parties." 'Whether these factors (individually or cumulatively) would lead a fair-minded lay observer to reasonably apprehend that the judge might not bring an impartial mind to the matter.']

Ratio Decidendi

No reasonable apprehension of bias arises from the judge having previously appeared as counsel in cases involving Ms Davis or Mr Wyllie as witnesses, nor from having regularly represented Commonwealth parties; neither individually nor cumulatively do these factors establish a reasonable apprehension that the judge might not approach the case with an impartial mind.

Court Disposition

Disqualification application refused

Orders

  • ['The disqualification application is refused.' 'The proceeding be listed for case management on a date to be fixed.']