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)
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) (Audio-visual recording)
10/09/2018 Outline of oral argument (Appellant)
10/09/2018 Outline of oral argument (Respondent)
13/02/2019 Judgment (Judgment summary)