SZBYR v Minister for Immigration and Citizenship

Immigration – Refugees - The appellants were refused a visa under s 36(2) of the Migration Act 1958 (Cth) ("the Act") - The appellants gave a statutory declaration to the Refugee Review Tribunal ("the Tribunal") - The Tribunal affirmed the decision not to grant a visa partly on the basis of discrepancies between the statutory declaration and the appellants' oral evidence - Whether relief was available to the appellants.

Immigration – Refugees - s 424A of the Act, read with s 441A, requires that an applicant be given written notice of particulars of any information that would be a reason or a part of the reason for affirming a decision - Whether s 424A applied to the appellants' statutory declaration - Temporal scope of s 424A - Whether the Tribunal breached s 424A - Whether the Tribunal committed jurisdictional error - Meaning of "information" - Whether "information" included discrepancies or inadequacies in previously submitted evidence - Meaning of "reason, or a part of the reason".

Administrative law – Constitutional writs - Certiorari and mandamus - Impact of discretionary considerations governing availability of relief - Whether relief should be denied on discretionary grounds for lack of a Convention nexus.

Words and Phrases – "information", "reason, or a part of the reason".

Migration Act 1958 (Cth) – ss 36(1), 422B, 424A, 441A.