Minister for Immigration and Border Protection & Anor v. SZSSJ & Anor
Minister for Immigration and Border Protection & Ors v. SZTZI

Lower Court Judgment

02/09/2015 Federal Court of Australia (Rares J, Perram J, Griffiths J)

[2015] FCAFC 125

Catchwords

Migration – procedural fairness – whether the processes adopted by the Department for considering consequences of release of personal information for protection visa applicant in immigration detention procedurally fair – whether the Full Court erred in finding that s 197C of the Migration Act 1958 does not apply because the respondent had an accrued right not to be removed from Australia under s 198 until a procedurally fair assessment of his/her non-refoulement claims was conducted – whether Federal Circuit Court has jurisdiction to determine the claims – whether the rules of procedural fairness apply to conduct preparatory to the Minister’s dispensing powers under s 48B, 195A and 417 – whether the conduct of officers of the Department are capable of generating an obligation of procedural fairness in circumstances in which the rules of procedural fairness would not otherwise apply.

Short Particulars