Zaki v Minister for Immigration and Border Protection

Zaki sought judicial review of a decision of the Federal Circuit Court of Australia, which affirmed a decision of the Administrative Appeals Tribunal (AAT) to deny him a partner visa. The court was required to determine whether the Tribunal's decision was legally sound and whether there was any apprehended bias on the part of the Tribunal.

The court first examined whether the Tribunal had made findings on all matters required by regulation 1.15A(3) of the Migration Regulations 1994 (Cth). It noted that the Tribunal had considered the evidence presented by Zaki and his sponsor regarding their financial and legal commitments, as well as their commitment to a shared life. The court found that the Tribunal's assessment of the evidence was reasonable and that it had made findings on all relevant matters.

The court then considered Zaki's allegation that the Tribunal had an apprehended bias against him. The court found that the Tribunal had not acted in a way that would lead a reasonable observer to conclude that it was biased. The court noted that the Tribunal had asked difficult questions of Zaki and his sponsor, but that this did not necessarily indicate bias. The court also found that the Tribunal had not rejected corroborative evidence without proper consideration.

The court concluded that the Tribunal's decision was legally sound and that there was no apprehended bias. The appeal was dismissed, and Zaki was ordered to pay the costs of the respondent.