Tag Archives: 438

Documents covered by invalid s 438 certificates might demonstrate denial of procedural fairness or apprehended bias

MZAFZ is not dead yet. In Minister for Immigration and Border Protection v CQZ15 [2017] FCAFC 194  at [86] the Full Court confirmed the possibility that an applicant might want to (and be entitled to) demand production of documents covered by an invalid s 438 certificate, because those documents might show denial of procedural fairness or apprehended bias.