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Apprehended Bias in Immigration Decisions

Sometimes an immigration decision or other administrative decision can give rise to an apprehension of bias. While such an error does not arise often, we do see it from time to time. When such a ground is raised, the applicant does not need to make any suggestion regarding the subjective motives, attitudes, predilections or purposes of the decision-maker (M257 of 2003 v Minister for Immigration & Anor [2006] FMCA 131 at [47-49]). Rather, the applicant is asserting that an appropriately informed, reasonable and fair-minded lay observer might apprehend that a decision maker is not bringing an impartial mind to the matter.

I am accepting briefs in immigration and administrative law matters, including matters involving apprehended bias.

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