Full Court Minute Books

Case S135/2018

BEG15 v. Minister for Immigration and Border Protection & Anor

Case No.

S135/2018

Case Information

Lower Court Judgment

29/11/2017 Federal Court of Australia (Kenny J, Tracey J, Griffiths J)

[2017] FCAFC 198

Catchwords

Migration – Jurisdictional error – Migration Act 1958 (Cth) s 438 – Where appellant applied for protection visa – Where application refused by delegate – Where appellant applied to Refugee Review Tribunal for review of decision – Where delegate issued certificate under s 438(1)(a) that disclosure of certain information would be contrary to public interest – Where certificate invalid – Where Tribunal did not inform appellant of certificate or disclose information to appellant – Where Tribunal affirmed delegate’s decision – Where Federal Circuit Court dismissed application for judicial review – Where Full Federal Court dismissed appeal – Whether Full Court erred in failing to find Tribunal fell into jurisdictional error in acting on invalid certificate – Whether Full Court erred in failing to find not open to primary judge to withhold relief where decision affected by jurisdictional error – Whether necessary for applicant to show denial of procedural fairness in addition to invalidity of certificate. 

Short particulars

Documents

10/05/2018 Determination (SLA, Canberra)

24/05/2018 Notice of appeal

30/05/2018 Submitting appearance (Second Respondent)

28/06/2018 Written submissions (Appellant)

06/07/2018 Chronology (Appellant)

26/07/2018 Written submissions (First Respondent)

22/08/2018 Amended Reply

10/09/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

10/09/2018 Outline of oral argument (Appellant)

10/09/2018 Outline of oral argument (Respondent)