SZJKU v Minister for Immigration and Citizenship

[2008] HCASL 425

SZJKU
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 425
S161/2008

1. The applicant seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Emmett J) dismissing the applicant's appeal against orders of the Federal Magistrates Court. The Federal Magistrate (Turner FM) had dismissed the applicant's claim for relief under s 39B of the Judiciary Act 1903 (Cth) directed to the Refugee Review Tribunal in respect of its decision to affirm the refusal to grant the applicant a protection visa. The Tribunal, differently constituted, had twice before conducted reviews of that refusal but each of the Tribunal's earlier decisions had been set aside.

2. The applicant seeks to argue that the Tribunal denied him procedural fairness because statements made in the course of the Tribunal's proceedings revealed actual or apprehended bias.  We see no reason to doubt the conclusion of Emmett J that what was said in the course of the proceedings, even if characterised as "imprudent or intemperate" did not demonstrate actual bias and was not such as "would cause a fair minded lay person properly informed of the nature of the proceeding ... to reasonably apprehend that the Tribunal might not bring an impartial mind to the resolution of the question before it"[1].

   [1]SZJKU v Minister for Immigration and Citizenship [2008] FCA 308 at [36].

3. An appeal to this Court would enjoy insufficient prospects of success to warrant a grant of special leave.

4. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
6 August 2008 S.M. Crennan