Full Court Minute Books

Case S36/2018

Minister for Immigration and Border Protection v. SZMTA & Anor

Case No.

S36/2018

Case Information

Lower Court Judgment

5/09/2017 Federal Court of Australia (White J)

[2017] FCA 1055

Catchwords

Migration – Procedural fairness – Migration Act 1958 (Cth) s 438(2) – Where first respondent applied for Protection (Class XA) visa – Where application refused by delegate – Where first respondent applied to Administrative Appeals Tribunal for review of decision – Where delegate notified Tribunal s 438(2)(a) applied to certain documents because given in confidence to Minister or Department – Where Tribunal did not inform first respondent of notification – Where copies of documents previously provided to first respondent  – Where Federal Circuit Court dismissed application for judicial review – Where Federal Court allowed appeal on basis Tribunal denied first respondent procedural fairness – Whether Federal Court erred in relying on possibility Tribunal may not have had regard to certain information because of notification under s 438(2) in finding Tribunal denied first respondent procedural fairness – Whether Federal Court erred in holding Tribunal denied first respondent procedural fairness in circumstances where documents in possession of first respondent prior to Tribunal hearing.

Documents*

16/02/2018 Hearing (SLA, Brisbane)

01/03/2018 Notice of appeal

06/04/2018 Written submissions (Appellant)

06/04/2018 Chronology (Appellant)

04/05/2018 Written submissions (Respondent)

25/05/2018 Reply (Appellant)

10/09/2018 Hearing (Full Court, Canberra)

*The due dates shown for documents on this page are indicative only.