SZUON v Minister for Immigration and Border Protection [2018] FCA 705

SZUON v Minister for Immigration and Border Protection [2018] FCA 705

The conduct of the judge did not reach the threshold where a fair-minded observer might reasonably apprehend bias; thus, the application for recusal is refused.

Parties
Applicant: SZUON; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
08 May 2018
Procedural Posture
Application for Judge's Recusal / Decision on Recusal Application
Outcome
application dismissed
Legal Topics
Judicial Recusal, Impartiality, Procedural Fairness
Administrative Law Practice and Procedure Judicial Recusal Impartiality Procedural Fairness

Case Brief

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Parties

SZUON

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Judge's Recusal / Decision on Recusal Application

Legal Issues

  1. 1 Whether the judge should recuse himself from hearing the application for an extension of time to file a notice of appeal due to alleged bias or impropriety

Ratio Decidendi

The conduct of the judge did not reach the threshold where a fair-minded observer might reasonably apprehend bias; thus, the application for recusal is refused.

Court Disposition

application dismissed

Orders

  • The application for the judge's recusal is refused.