Full Court Minute Books

Case M53/2022

QYFM  v. Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor

Case No.


Case Information

Lower Court Judgment

15/09/2021 Federal Court of Australia (McKerracher, Griffiths and Bromwich JJ)

[2021] FCAFC 166


Courts and judges – Bias – Reasonable apprehension of bias – Disqualification – Where, prior to appointment, judge as Commonwealth Director of Public Prosecutions: (a) instituted and carried on prosecution of QYFM on indictment, for which QYFM convicted; and (b) appeared to successfully oppose appeal by QYFM against conviction – Where QYFM brought challenge to Minister’s decision not to revoke cancellation (required by QYFM's conviction) of QYFM’s visa – Where application for disqualification brought against judge on basis of apprehended bias – Where judge heard application alone, refused to disqualify himself and sat on Full Court appeal challenging primary judge's decision dismissing application for judicial review of Administrative Appeals Tribunal's decision to affirm cancellation of QYFM's visa – Whether application for disqualification of single member of Full Court on basis of apprehended bias should be decided by single judge alone or by Full Court – Whether judgment of Full Court liable to be set aside if single judge affected by apprehended bias.

Constitutional Law – Chapter III – Judicature of the Commonwealth – Impartiality of judiciary – Bias – Reasonable apprehension of bias – Proper application of test in Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337.


12/08/2022 Hearing (SLA, Canberra by video connection)

24/08/2022 Notice of appeal

30/09/2022 Written submissions (Appellant)

30/09/2022 Chronology (Appellant)

28/10/2022 Written submissions (First respondent)

11/11/2022 Reply

13/12/2022 Hearing (Full Court, Canberra)

13/12/2022 Outline of oral argument (Appellant)

13/12/2022 Outline of oral argument (First Respondent)

20/01/2023 Note on comparaitve case law (First Respondent)

27/01/2023 Note on comparaitve case law (Appellant)

17/05/2023 Judgment (Judgment summary)