Minister for Immigration and Border Protection v CQZ15 [2017] FCAFC 194

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Border Protection v CQZ15 [2017] FCAFC 194 Appeal from: CQZ15 v Minister for Immigration and Border Protection [2017] FCCA 130

File number: VID 130 of 2017

Judges: KENNY, TRACEY AND GRIFFITHS JJ

Date of judgment: 29 November 2017

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court which quashed a decision of the Administrative Appeals Tribunal and directed that it consider and determine the application for review according to law – where the Tribunal had failed to disclose the existence of a certificate and notifications under s 438 of the Migration Act 1958 (Cth) – where, to answer applicant's case on judicial review, the Minister sought to tender documents the subject of the s 438 certificate and notifications – where the primary judge upheld an objection to the tender of an affidavit exhibiting those documents – whether the primary judge erred in refusing the proposed tender – where the Minister claimed the documents contained evidence that there had been no denial of procedural fairness EVIDENCE – whether documents containing information subject to a certificate and notifications under Pt 7 of the Migration Act 1958 (Cth) are admissible as evidence in judicial review proceedings for the purpose of establishing whether there is no denial of procedural fairness or whether relief should be denied in the exercise of the Court's discretion

Legislation: Evidence Act 1995 (Cth), ss 55, 56 Migration Act 1958 (Cth) ss 357A, 375A, 412, 414, 415, 418, 422B(2), 427(1)(c), 437, 438, 438(1)(a), 438(1)(b), 438(2), 440, Pt 5, Pt 7, Divs 4, 7