Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WZANC v Minister for Immigration & Citizenship [2012] FCA 1461 Citation: WZANC v Minister for Immigration & Citizenship [2012] FCA 1461
Appeal from: WZANC v Minister for Immigration & Anor (No 2) [2012] FMCA 504
Parties: WZANC v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: WAD 168 of 2012
Judge: GILMOUR J
Date of judgment: 20 December 2012
Catchwords: MIGRATION – whether there was jurisdictional error on the part of the Refugee Review Tribunal when it had regard to the restricted "dob-in" information provided to it by the Secretary of the first respondent's Department, and further did so without identifying the informant who provided the information – under s 438 of the Migration Act 1958 (Cth) the Secretary was required to notify the Tribunal in writing that the provisions of s 438 of the Migration Act applied to the confidential information – whether the failure of the Secretary to do this amounted to jurisdictional error because the giving of such a notice was a jurisdictional fact required to be established before the Tribunal might, for the purpose of exercising its powers, have regard to the information – whether the case of Minister for Immigration and Citizenship v Kumar is distinguishable from the present case – whether the court below was in error in regarding itself bound by Kumar - whether there was jurisdictional error on the part of the Tribunal when it dismissed official documents provided by the appellant as fabricated or contrived to give the appellant's claim the veneer of authenticity
Legislation: Migration Act 1958 (Cth) ss s 5(1), 91R(2), 359A(4), 412, 414, 418(3), 422B(2), 424A, 425, 438(2), (3), (4), 440
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