AZACK v Minister for Immigration and Border Protection

[2015] HCASL 71

AZACK

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 71
A17/2014

1. The applicant, an Albanian citizen, seeks special leave to appeal against orders of the Federal Court of Australia (Mansfield J) dismissing the applicant's appeal against orders of the Federal Circuit Court of Australia (Judge Simpson).  Judge Simpson dismissed an application for judicial review of the decision of the Refugee Review Tribunal ("the Tribunal") to affirm the decision by a delegate of the first respondent to refuse to grant the applicant a Protection (Class XA) visa.

2. Before both the Federal Circuit Court and the Federal Court, the applicant argued that there was ostensible or apprehended bias on the part of the Tribunal, primarily grounding his claim in statements made by the Tribunal during the applicant's second oral hearing.  The Federal Circuit Court rejected the applicant's claim, finding that none of the matters raised by the applicant revealed bias or a perception of bias.  On appeal, the Federal Court held that the Federal Circuit Court had understood and applied the correct legal test as regards ostensible bias, and that it had reached the correct conclusion on the material before it.

3. In this Court, the applicant seeks to raise relevantly identical arguments alleging bias on the part of the Tribunal.  The applicant's arguments turn on the application of well-established principles to the particular facts of the applicant's case.  The applicant has had the benefit of two tiers of judicial consideration of those facts, and there is no reason to doubt the correctness of the outcome which was reached at both of those tiers.  The application is dismissed.

4. Pursuant to r 41.11.1, we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

V.M. Bell
6 May 2015 S.J. Gageler