Recent Cases

FSG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 29 (11 March 2020) (Bromberg, Davies and O’Bryan JJ)


Catchwords:


MIGRATION – appeal from Federal Circuit Court of Australia dismissing application for review of a decision of the Immigration Assessment Authority – where Authority affirmed decision of Minister’s delegate refusing grant of protection visa – apprehended bias – where Authority was provided with information regarding criminal charge against appellant – where Authority expressly disavowed reliance on the information – whether fair-minded lay observer might reasonably apprehend bias – legal unreasonableness – whether Authority erred by rejecting appellant’s claim of statelessness – whether Authority erred in making findings based on appellant’s manner of giving evidence – appeal allowed