CPJ16 v Minister for Home Affairs [2020] FCAFC 212 (27 November 2020) (Jagot, Griffiths and SC Derrington JJ)


Catchwords:


MIGRATION – appeal from dismissal of judicial review application in respect of decision by the Minister to refuse the appellant’s protection visa under s 501A(3) of the Migration Act 1958 (Cth) (Act) – whether the primary judge erred in rejecting the appellant’s claim that the Minister was precluded from relying on s 501A(3) of the Act as a result of Australia’s international non-refoulement obligations – whether the primary judge erred in rejecting the appellant’s claim that the Minister was precluded from refusing to grant the appellant a protection visa under s 501A(3) because the appellant met the complementary protection criterion in s 36(2)(aa) of the Act – whether the primary judged erred in rejecting the appellant’s claim that her detention was unlawful under Art 9 of the International Covenant on Civil and Political Rights – whether the primary judge erred in rejecting the appellant’s contention that the Minister had not taken into account the issue of indefinite detention – appeal dismissed with costs

PRACTICE AND PROCEDURE – application for disqualification of judge on the basis of apprehended bias – whether hypothetical lay observer might apprehend that judge might not bring an impartial mind to the resolution of the question to be decided – whether logical connection between factor said to give rise to the apprehension of bias and the issues to be determined on appeal – application for disqualification dismissed