Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v CLY15 [2018] FCA 2013 Appeal from: CLY15 v Minister for Immigration and Anor [2017] FCCA 2504
File number: NTD 53 of 2017
Judge: MCKERRACHER J
Date of judgment: 14 December 2018
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – where there was a s 438 certificate issued – where the material the subject of the certificate was disclosed in an FOI release – where the primary judge found jurisdictional error in relation to the Tribunal's non-disclosure of the certificate MIGRATION – s 438 of the Migration Act 1958 (Cth) – consideration of SZMTA – whether non-disclosure of the certificate was a denial of procedural fairness – where current authority not 'plainly wrong' MIGRATION – s 424A of the Migration Act – consideration of SZBYR – whether non-disclosure was contrary to s 424A – where 'information' is distinct from 'state of mind' MIGRATION – whether possession of undisclosed information might cause a fair minded and properly informed observer to conclude the Tribunal is unable to be impartial or bring to bear an impartial mind – where undisclosed information was contended to impugn the first respondent's credibility as it was inconsistent with claims made
Legislation: Migration Act 1958 (Cth) ss 375A, 424A, 424A(1), 424A(3)(b), 424A(3)(ba), 424AA, 438, 438(1)(a)
Cases cited: Davis v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 686 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Minister for Immigration and Border Protection v Singh (2016) 244 FCR 305 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 MZAFZ v Minister for Immigration and Border Protection (2016) 243 FCR 1 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 92 ALJR 481 SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190 SZMTA v Minister for Immigration and Border Protection (2017) 255 FCR 215 Webb v The Queen (1994) 181 CLR 41
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