Zhi G.W. v Minister for Immigration & Ethnic Affairs & Anor [1995] FCA 803

There was no reasonable apprehension of bias or lack of impartiality arising from the judge's previous involvement in related proceedings, as the interlocutory issues to be determined were unrelated to those earlier proceedings – thus, disqualification was not required.

Jurisdiction: Australia
Judgment Date: 15 September 1995
Procedural Posture: Notice of Motion in Application for Relief Under Migration Law / Interlocutory Application Regarding Disqualification of Judge From Hearing Notice of Motion
Outcome: Application for disqualification dismissed; judge will hear the notice of motion.
Legal Topics: ['apprehended Bias' 'disqualification of Judge' 'procedural Fairness']

['administrative Law' 'judicial Bias'] ['apprehended Bias' 'disqualification of Judge' 'procedural Fairness']

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Procedural Posture

Notice of Motion in Application for Relief Under Migration Law / Interlocutory Application Regarding Disqualification of Judge From Hearing Notice of Motion

Legal Issues

1 ['Whether a judge is disqualified from hearing an interlocutory motion by reason of previous involvement in related proceedings involving similar issues' 'Whether there is a reasonable apprehension of bias']

Ratio Decidendi

Court Disposition

Application for disqualification dismissed; judge will hear the notice of motion.

Orders

['The judge declined to disqualify himself and will proceed to hear the notice of motion set down for 26 September 1995.']