Afegogo v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1128

Afegogo v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1128

The Tribunal's conduct during closing submissions manifested strong preconceived views in favour of the Minister's position, with those views not interpreted or conveyed to the applicant, thereby leading a fair-minded observer to apprehend prejudgement and denial of procedural fairness; this constitutes jurisdictional error via apprehended bias.

Jurisdiction
Australia
Judgment Date
21 September 2023
Procedural Posture
Judicial Review of Tribunal Decision / Final Determination
Outcome
Application allowed; Tribunal decision set aside; matter remitted to differently constituted Tribunal; costs awarded to applicant.
Legal Topics
['procedural Fairness' 'apprehended Bias' 'tribunal Conduct' 'visa Cancellation' 'jurisdictional Error']
['administrative Law' 'migration Law' 'human Rights Law'] ['procedural Fairness' 'apprehended Bias' 'tribunal Conduct' 'visa Cancellation' 'jurisdictional Error']

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Procedural Posture

Judicial Review of Tribunal Decision / Final Determination

Legal Issues

  1. 1 ['Whether the conduct of the Tribunal gave rise to a reasonable apprehension of bias' 'Whether procedural fairness was denied to the applicant']

Ratio Decidendi

The Tribunal's conduct during closing submissions manifested strong preconceived views in favour of the Minister's position, with those views not interpreted or conveyed to the applicant, thereby leading a fair-minded observer to apprehend prejudgement and denial of procedural fairness; this constitutes jurisdictional error via apprehended bias.

Court Disposition

Application allowed; Tribunal decision set aside; matter remitted to differently constituted Tribunal; costs awarded to applicant.

Orders

  • ['The application is allowed.' "The decision of the second respondent dated 23 December 2022 affirming the delegate's decision is set aside." "The application for review of the delegate's decision is remitted to the Tribunal, differently constituted, for determination according to law." "The first respondent must...