ALQ15 v Minister for Immigration and Border Protection [2015] FCA 1253

FEDERAL COURT OF AUSTRALIA

ALQ15 v Minister for Immigration and Border Protection [2015] FCA 1253 Citation: ALQ15 v Minister for Immigration and Border Protection [2015] FCA 1253

Appeal from: ALQ15 v Minister for Immigration and Border Protection & Anor [2015] FCCA 1704

Parties: ALQ15 v MINISTER FOR IMMIGRATION AND BORDER PROTECTION AND ADMINISTRATIVE APPEALS TRIBUNAL

File number(s): NSD 761 of 2015

Judge(s): LOGAN J

Date of judgment: 4 November 2015

Catchwords: MIGRATION – procedural fairness – appeal from a decision of the Federal Circuit Court affirming a decision of the Refugee Review Tribunal (Tribunal) to uphold the Minister's refusal to grant the appellant's protection visa application – where Tribunal's reasons referred to country information report by the Department of Foreign Affairs and Trade (DFAT) which was re-issued after hearing – appellant claimed Tribunal failed to comply with s 425 of the Migration Act 1958 (Cth) by not inviting him to comment on DFAT report – whether the appellant was given the opportunity to give evidence and present arguments in relation to the issues arising in relation to the decision under review Held: Tribunal part of an administrative decision-making continuum which commenced with the appellant's visa application – DFAT report did not raise new issue but rather one which had emerged in the continuum and which appellant had been given opportunity to address – no breach of s 425 – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 46A, 424, 425

Cases cited: ALQ15 v Minister for Immigration & Anor [2015] FCCA 1704 cited Jebb v Repatriation Commission (1988) 80 ALR 329 applied SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 cited