SZMTA v Minister for Immigration and Border Protection [2017] FCA 1055

FEDERAL COURT OF AUSTRALIA

SZMTA v Minister for Immigration and Border Protection [2017] FCA 1055 Appeal from: SZMTA v Minister for Immigration [2016] FCCA 1329

File number: NSD 978 of 2016

Judge: WHITE J

Date of judgment: 5 September 2017

Catchwords: MIGRATION – visa – application for complementary protection under Migration Act 1958 (Cth) s 36(2)(aa) – application refused by Minister – refusal affirmed by Administrative Appeals Tribunal – unsuccessful judicial review of Tribunal decision in Federal Circuit Court (FCC) – appeal from FCC decision – whether Tribunal decision affected by jurisdictional error because of failure to take into account the appellant's health and mental state – Tribunal member accepted and relied upon evidence of health and mental state – no jurisdictional error established. MIGRATION – whether inconsistency in Tribunal's regard to appellant's mental state when assessing credibility issues – the Tribunal's reasons not unreasonable, irrational, nor illogical MIGRATION – Minister's delegate gave a notification to Refugee Review Tribunal under Migration Act s 438(1)(b) that certain materials should not be disclosed to the appellant because they had been given to the Minister or the Department in confidence– in fact all the materials listed in the notification had previously been disclosed to appellant's then solicitors – whether jurisdictional error in procedure adopted in relation to notification – notification mistaken as it referred to documents and information which could not reasonably be regarded to have been given in confidence – inference that Tribunal relied on the mistaken notification and thereby committed jurisdictional error – appeal allowed.