CMU16 v Minister for Immigration and Border Protection [2020] FCAFC 104

CMU16 v Minister for Immigration and Border Protection [2020] FCAFC 104

None of the appellant's grounds were sustainable. The primary judge was neither actually nor apparently biased, afforded procedural fairness, and did not err regarding the Tribunal's findings, consideration of evidence, or the s 438 certificate. The primary judge's reasons were adequate, and evidence from other cases was inadmissible to prove bias. The appeal was dismissed.

Jurisdiction
Australia
Judgment Date
11 June 2020
Procedural Posture
Appeal / Full Federal Court – Judgment on Appeal From FCCA
Outcome
Appeal dismissed with costs.
Legal Topics
['actual Bias' 'apprehended Bias' 'adequacy of Reasons' 'procedural Fairness' 'jurisdictional Error' 'tribunal Review' 'section 438 Certificate' 'evidence Admissibility']
['administrative Law' 'constitutional Law' 'migration Law' 'human Rights'] ['actual Bias' 'apprehended Bias' 'adequacy of Reasons' 'procedural Fairness' 'jurisdictional Error' 'tribunal Review' 'section 438 Certificate' 'evidence Admissibility']

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Procedural Posture

Appeal / Full Federal Court – Judgment on Appeal From FCCA

Legal Issues

  1. 1 ["Whether the primary judge's decision was affected by actual or apprehended bias" 'Whether the primary judge failed to provide a fair hearing or denied procedural fairness' 'Whether the Tribunal made jurisdictional error, including consideration of critical evidence and acting on an invalid s 438 certificate' 'Whether the primary judge failed to give adequate reasons']

Ratio Decidendi

None of the appellant's grounds were sustainable. The primary judge was neither actually nor apparently biased, afforded procedural fairness, and did not err regarding the Tribunal's findings, consideration of evidence, or the s 438 certificate. The primary judge's reasons were adequate, and evidence from other cases was inadmissible to prove bias. The appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs as agreed or assessed."]