Full Court Minute Books

Case M72/2019

CNY17 v. Minister for Immigration and Border Protection & Anor

Case No.

M72/2019

Case Information

Lower Court Judgment

21/09/2018 Federal Court of Australia (Mortimer J, Moshinsky J & Thawley J)

[2018] FCAFC 159

Catchwords

Migration law – Fast track review process – Apprehended bias – Where Secretary of Department of Immigration and Border Protection provided documents to the Immigration Assessment Authority (“IAA”) – Where the documents contained information about criminal conviction, charges, and appellant’s conduct while in immigration detention – Whether in considering apprehended bias the Full Court erred in finding that materials were not prejudicial – Whether Full Court erred in failing to find decision of IAA vitiated by apprehended bias – Whether Full Court erred in failing to find IAA obliged to afford opportunity to appellant to comment on materials before it in circumstances where their existence not known to appellant - Whether Full Court erred in finding it was open to delegate to lawfully form view documents relevant to task of IAA – Whether Full Court erred in failing to find review conducted by IAA led to a decision made in excess of jurisdiction.

Short particulars

Documents

17/05/2019 Hearing (SLA, Melbourne)

29/05/2019 Notice of appeal

05/07/2019 Written submissions (Appellant)

05/07/2019 Chronology (Appellant)

02/08/2019 Written submissions (First Respondent)

23/08/2019 Reply

16/10/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

16/10/2019 Outline of oral argument (Appellant)

16/10/2019 Outline of oral argument (First Respondent)

24/10/2019 Further submissions (Appellant)

31/10/2019 Further submissions (First Respondent)

04/11/2019 Reply to the first respondent's further submissions (Appellant)

13/12/2019 Judgment (Judgment summary)

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