SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs

Immigration – Refugees – Protection visa decision – Procedural fairness – Appellant claimed he feared persecution on basis of his conversion to Christianity if returned to Iran – Delegate of the first respondent refused to grant appellant protection visa because not satisfied of the genuineness of appellant's conversion to Christianity – Review by Refugee Review Tribunal – Appellant invited by Tribunal to give evidence relating to the issues arising in relation to the decision under review – Appellant gave evidence addressed to the delegate's concern regarding the genuineness of his conversion to Christianity – Tribunal affirmed the delegate's decision not to grant a protection visa on the basis that appellant's claims were not credible – Whether Tribunal failed to notify the appellant adequately of the issues to which its reasoning processes were directed – Whether failure of Tribunal to ask the appellant to address issues that it considered might be important amounted to a denial of procedural fairness.

Words and phrases – "issues arising in relation to the decision under review", "procedural fairness".

Migration Act 1958 (Cth) – ss 424, 424A, 425.