SZVCZ v Minister for Immigration and Border Protection [2017] FCAFC 130

FEDERAL COURT OF AUSTRALIA

SZVCZ v Minister for Immigration and Border Protection [2017] FCAFC 130 Appeal from: SZVCZ v Minister for Immigration & Anor [2016] FCCA 2840

File number: NSD 1963 of 2016

Judges: SIOPIS, LOGAN AND MARKOVIC JJ

Date of judgment: 18 August 2017

Catchwords: MIGRATION – judicial review of decision of Refugee Review Tribunal – refusal of application for protection visa – whether particular information was relied on by the Tribunal – whether such information was "information" within the meaning of s 424A of the Migration Act 1958 (Cth) – requirement to give applicant information which is the reason or part of the reason for affirming the decision under review – whether if such information was "information" within the meaning of the Migration Act 1958 (Cth) it was information not specifically about the applicant or another person within the meaning of s 424A(3)(a) of the Migration Act 1958 (Cth) – whether Tribunal should have specifically put information to the appellant – no jurisdictional error

Legislation: Migration Act 1958 (Cth) ss 424A, 424A(1), 424A(3)(a)

Cases cited: Minister for Immigration and Citizenship v SZHXF (2008) 166 FCR 298 Minister for Immigration and Citizenship v SZLFX (2009) 238 CLR 507 MZXBQ v Minister for Immigration and Citizenship (2008) 166 FCR 483 Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 SZKLG v Minister for Immigration and Citizenship (2007) 164 FCR 578 SZQQA v Minister for Immigration & Border Protection (2014) 293 FLR 243; [2014] FCCA 1923 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 236 FCR 549