Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BHE15 v Minister for Immigration and Border Protection [2019] FCA 1357 Appeal from: BHE15 v Minister for Immigration and Border Protection [2016] FCCA 1914
File number: NSD 1345 of 2016
Judge: STEWART J
Date of judgment: 27 August 2019
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia dismissing application for judicial review of decision of Refugee Review Tribunal not to grant protection visa – where Minister issued a certificate under s 438 of the Migration Act 1958 (Cth) that disclosure of certain information to the appellant against the public interest – where Tribunal did not disclose the existence of the certificate to appellant – whether non-disclosure of s 438 certificate gave rise to procedural unfairness – whether non-disclosure gave rise to jurisdictional error – whether the Tribunal erred in having regard to inconsistencies in the applicant's evidence given at the hearing before a previous differently constituted Tribunal –– no jurisdictional error – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 424A, 438
Cases cited: Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 363 ALR 599 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; 241 CLR 594
Date of hearing: 20 August 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 36
Counsel for the Appellant: The Appellant appeared in person assisted by an interpreter
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