NAZL v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 241

NAZL v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 241

The application to set aside the first Full Court's orders was dismissed because the applicant provided no material additional to that before the first Full Court to explain his failure to appear, the application sought to put him in a better position by advancing an apprehended bias case not raised before the primary judge or first Full Court, and the proposed apprehended bias ground based on the Tribunal's treatment of the documents did not have a reasonable prospect of success. The Court was not satisfied that the interests of justice required the first Full Court's orders to be set aside.

Jurisdiction
Australia
Judgment Date
24 November 2005
Procedural Posture
Migration – Application to Set Aside Orders of a Full Court Entered on an Appeal Where the Appellant Did Not Appear / Full Court Application to Set Aside Orders Made by the Full Court on 18 November 2004
Outcome
Application dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'apprehended Bias' 'jurisdictional Error' 'setting Aside Orders After Non Appearance']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'apprehended Bias' 'jurisdictional Error' 'setting Aside Orders After Non Appearance']

Case Brief

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Procedural Posture

Migration – Application to Set Aside Orders of a Full Court Entered on an Appeal Where the Appellant Did Not Appear / Full Court Application to Set Aside Orders Made by the Full Court on 18 November 2004

Legal Issues

  1. 1 ['Whether the orders made by the first Full Court on 18 November 2004 should be set aside.' "Whether the applicant's proposed apprehended bias ground based on the Tribunal's treatment of documents had a reasonable prospect of success." 'Whether the interests of justice required that the applicant be allowed to reopen the appeal and advance proposed amended grounds.']

Ratio Decidendi

The application to set aside the first Full Court's orders was dismissed because the applicant provided no material additional to that before the first Full Court to explain his failure to appear, the application sought to put him in a better position by advancing an apprehended bias case not raised before the primary judge or first Full Court, and the proposed apprehended bias ground based on the Tribunal's treatment of the documents did not have a reasonable prospect of success. The Court was not satisfied that the interests of justice required the first Full Court's orders to be set aside.

Court Disposition

Application dismissed.

Orders

  • ['The application to set aside the orders made by the Full Court on 18 November 2004 be dismissed.' "The applicant pay the respondent's costs of the application."]