AOQ16 v Minister for Immigration and Border Protection [2020] FCA 103

FEDERAL COURT OF AUSTRALIA

AOQ16 v Minister for Immigration and Border Protection [2020] FCA 103 Appeal from: AOQ16 & Ors v Minister for Immigration & Anor [2017] FCCA 1548

File number: NSD 1240 of 2017

Judge: O'BRYAN J

Date of judgment: 14 February 2020

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of decision of Administrative Appeals Tribunal affirming decision of Minister's delegate refusing grant of protection visas – notices issued under s 438 of the Migration Act 1958 (Cth) – procedural fairness obligations relating to the issue of a notice under s 438 – whether Tribunal acted unreasonably in refusing to grant appellants extension of time to respond to invitation to comment on information – whether Tribunal denied appellants procedural fairness by failing to inform them of the s 438 notices – whether Tribunal erred by acting upon invalidly issued s 438 notice – appeal dismissed

Legislation: Migration Act 1958 (Cth) Pt 7, Div 4, ss 424AA, 424A, 424B, 425, 427(1)(c), 438

Cases cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180 Minister for Immigration and Border Protection v SZVFW (2018) 163 ALD 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553 MZAFZ v Minister for Immigration and Border Protection (2016) 243 FCR 1 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 SZBYR v Minister for Immigration and Citizenship (2007) 96 ALD 1 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189