QYFM v. Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor
Case No.
M53/2022
Case Information
Lower Court Judgment
15/09/2021 Federal Court of Australia (McKerracher, Griffiths and Bromwich JJ)
Catchwords
Courts and judges – Bias – Reasonable apprehension of bias – Disqualification – Where, prior to appointment, judge as Commonwealth Director of Public Prosecutions: (a) instituted and carried on prosecution of QYFM on indictment, for which QYFM convicted; and (b) appeared to successfully oppose appeal by QYFM against conviction – Where QYFM brought challenge to Minister’s decision not to revoke cancellation (required by QYFM's conviction) of QYFM’s visa – Where application for disqualification brought against judge on basis of apprehended bias – Where judge heard application alone, refused to disqualify himself and sat on Full Court appeal challenging primary judge's decision dismissing application for judicial review of Administrative Appeals Tribunal's decision to affirm cancellation of QYFM's visa – Whether application for disqualification of single member of Full Court on basis of apprehended bias should be decided by single judge alone or by Full Court – Whether judgment of Full Court liable to be set aside if single judge affected by apprehended bias.
Constitutional Law – Chapter III – Judicature of the Commonwealth – Impartiality of judiciary – Bias – Reasonable apprehension of bias – Proper application of test in Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337.
Documents
12/08/2022 Hearing (SLA, Canberra by video connection)
24/08/2022 Notice of appeal
30/09/2022 Written submissions (Appellant)
30/09/2022 Chronology (Appellant)
28/10/2022 Written submissions (First respondent)
11/11/2022 Reply
13/12/2022 Hearing (Full Court, Canberra)
13/12/2022 Outline of oral argument (Appellant)
13/12/2022 Outline of oral argument (First Respondent)
20/01/2023 Note on comparaitve case law (First Respondent)
27/01/2023 Note on comparaitve case law (Appellant)
17/05/2023 Judgment (Judgment summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: CEREMONIAL SITTING IN MEMORY OF THE LATE THE HONOURABLE SIR FRANCIS GERARD BRENNAN AC KBE QC
Date: 18 September 2022
Transcript: Hearing
AV time: 0h 18m
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: CEREMONIAL SITTING IN MEMORY OF THE LATE THE HONOURABLE SIR FRANCIS GERARD BRENNAN AC KBE QC
Date: 18 August 2022
Transcript: Hearing
AV time: 0h 19m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: TL vs Queen
Date: 17 August 2022
Transcript: Hearing
AV time: 2h 14m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: Bosanac vs Commissioner of Taxation
Date: 16 August 2022
Transcript: Hearing
AV time: 2h 58m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.