BZAGU v Minister for Immigration and Border Protection [2015] FCA 920

FEDERAL COURT OF AUSTRALIA

BZAGU v Minister for Immigration and Border Protection [2015] FCA 920 Citation: BZAGU v Minister for Immigration and Border Protection [2015] FCA 920

Appeal from: BZAGU v Minister for Immigration & Anor [2015] FCCA 1278

Parties: BZAGU v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: QUD 425 of 2015

Judge: LOGAN J

Date of judgment: 18 August 2015

Catchwords: MIGRATION – judicial review – procedural fairness – appeal from Federal Circuit Court dismissing application for judicial review of Refugee Review Tribunal (Tribunal) decision refusing to grant appellant protection visa – leave granted to raise ground of appeal not raised below – where appellant claimed persecution based on marriage into higher caste – appellant's evidence as to having married shortly before travelling to Australia inconsistent with much earlier date on marriage certificate which came before Tribunal after hearing – Tribunal wrote to appellant regarding inconsistency – whether Tribunal failed to comply with requirement under s 424A of the Migration Act 1958 (Cth) to give clear particulars of information considered part of reason for affirming decision under review and invite appellant to comment – what constitutes compliance with requirement – whether requirement to write to appellant in his native language

Legislation: Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) ss 424A, 424AA

Cases cited: SAAP v Minister for Immigration, Multicultural and Indigenous Affairs (2005) 228 CLR 294 cited SZTGV v the Minister for Immigration and Border Protection (2015) 229 FCR 90 applied