Facts Contract Mining Services Pty Ltd (“CMS“) filed an application for an order that a Judge of the Supreme Court disqualify himself from hearing the trial. CMS contended that a lay observer might reasonably believe that the Judge would not […]
Tag: procedural fairness
Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326
Facts WZARH, a Sri Lankan Tamil, entered Australia by boat in about November 2010 and was classified as an “offshore entry person”. WZARH was denied an application for refugee status. WZARH applied for an independent merits review. A recording and […]
Applicant VEAL of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 437
Facts The applicant was an asylum seeker from Eritrea who had applied for refugee status. In a hearing to appeal rejection of his application, it became apparent that someone had sent in a “dob-in letter” accusing the applicant of not […]
Haoucher v Minister for Immigration and Ethnic Affairs (1990) 169 CLR 648
Facts Section 12 of the Migration Act 1958 (Cth) empowered the Minister for Immigration and Ethnic Affairs to order the deportation of a non-citizen who had been convicted in Australia of a criminal offence and sentenced to imprisonment for not less than […]
Kioa and Others v Minister for Immigration and Ethnic Affairs and Anor (1985) 159 CLR 550
Facts Mr and Mrs Kioa, who were born in Tonga, entered Australia on temporary entry permits in 1981. The Kioas changed their addresses when the visas expired. Mr Kioa was arrested as a prohibited immigrant in 1983. During this period, […]
