Minister for Immigration and Border Protection v. WZARH & Anor
Case No.
S85/2015
Case Information
Lower Court Judgment
20/10/2014 Federal Court of Australia (Flick J, Nicholas J & Gleeson J)
Catchwords
Migration – Refugee and humanitarian visas – Procedural fairness – Where a department officer determined that the respondent was not a refugee – Where the respondent sought a review of this decision – Where the respondent was interviewed by a merits reviewer – Where the merits reviewer told the respondent that they would be the person to determine the application – Where the merits reviewer was unable to conclude the review and the review was concluded by another reviewer – Whether there is a breach of procedural fairness where an alternate reviewer makes a decision based on the documentary materials, submissions and an audio recording of the interview but does not inform the applicant of the change in decision-making, ask for submissions on how to proceed, or allow for an additional face-to-face interview.
Documents
17/04/2015 Hearing (SLA, Sydney)
01/05/2015 Notice of appeal
06/05/2015 Submitting appearance (Second Respondent)
22/05/2015 Written submissions (Appellant)
22/05/2015 Chronology (Appellant)
15/06/2015 Written submissions (First Respondent)
29/06/2015 Reply
10/09/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
04/11/2015 Judgment (Judgment summary)