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)
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.
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)
13/02/2019 Judgment (Judgment summary)