FTK18 v Minister for Immigration

The applicant, FTK18, sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) concerning an application for a protection visa. The core of the dispute revolved around allegations of apprehended and actual bias on the part of the Tribunal, as well as claims that the Tribunal failed to comply with its procedural fairness obligations and made adverse findings against the applicant.

The primary legal issues before the Court were whether the Tribunal's decision exhibited apprehended or actual bias, whether it had made adverse findings without proper justification, and whether it had breached its duty to afford procedural fairness to the applicant. These issues were framed within the context of whether the Tribunal had committed a jurisdictional error in its determination of FTK18's protection visa application.

His Honour Judge Humphreys found that no jurisdictional error had been made out. The Court concluded that the Tribunal had not acted with apprehended or actual bias, nor had it failed in its procedural fairness obligations. Consequently, the application for an extension of time to seek judicial review was dismissed.