Description
The Federal Circuit and Family Court recently published its judgement in Jaggi v Minister for Immigration [2024] FedCFamC2G 1267. This judgment is a reminder of the need for administrative decision-makers to make decisions that are free from bias (in this case, apprehended bias).
The AAT reviewed a student visa refusal. The question was whether an Indian national seeking to study cookery was a genuine applicant for entry and stay.
At [69], the Court quoted from the AAT transcript, where the AAT said: “… I know that 99% of the cooks in India don’t come here and study…”.
At [64], the Court quoted from another passage, where the AAT said before hearing any evidence on the criterion: “I am highly likely to affirm this today”.
The Court held that there was an apprehension of bias on the AAT’s part.
Barrister Sergio Zanotti Stagliorio and solicitor Mark Northam represented the non-citizen in the above court matter and will be teaching this free online CPD course on:
- bias, including the above case; and
- on problems that arise when a decision-maker (Department or the Tribunal) copy and paste someone else’s words in their reasons.
The course will help RMAs and lawyers identify potential errors in the form of bias and copying in Departmental and Tribunal decisions, and how to deal with them, including requests to have decisions vacated due to such errors.
Instructors: Principal Solicitor Mark Northam, Immigration Barrister Sergio Zanotti Stagliorio
Tuesday 11 February 2025 – Delivered via Zoom
12:00pm – 1:30pm Sydney Time
This free course is delivered in 1 Category B session.
CPD points:
- RMAs can claim 1 Category B point
- Lawyers can claim points as per local rules (Substantive Law / Professional Skills)
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Click here to register for this free CPD course – seating is limited.
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