MZAOL v Minister for Immigration and Border Protection [2019] FCAFC 68

FEDERAL COURT OF AUSTRALIA

MZAOL v Minister for Immigration and Border Protection [2019] FCAFC 68 Appeal from: MZAOL v Minister for Immigration and Border Protection [2017] FCCA 1837

File number: VID 900 of 2017

Judges: BROMBERG, FARRELL AND DAVIES JJ

Date of judgment: 29 April 2019

Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing an application for judicial review of decision of the Administrative Appeals Tribunal ("Tribunal") - Tribunal affirming a decision to refuse to grant protection visas – whether Tribunal erred in failing to consider a claim that was apparent on the materials before it – whether, if claim was made, the Tribunal considered the claim – s 438 Migration Act 1958 (Cth) – where Tribunal given invalid s 438 notification – whether Tribunal's failure to disclose notification or disclose the documents the subject of the notification ("documents") was material to the outcome so as to constitute jurisdictional error – whether an inference should be drawn that Tribunal had regard to the documents – whether a reasonable observer might, in the circumstances, apprehend that the Tribunal might not have brought a fair, impartial and independent mind to the determination of the review.

Legislation: Migration Act 1958 (Cth)

Cases cited: ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 Minister for Immigration and Border Protection v AMA16 (2017) 254 FCR 534 Minister for Immigration and Border Protection v CQZ15 [2017] FCAFC 194 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 Minister for Immigration and Citizenship v SZRMA (2013) 219 FCR 287 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 SZSHK v Minister for Immigration and Border Protection [2013] FCAFC 125 VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117