BXP16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 530

FEDERAL COURT OF AUSTRALIA

BXP16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 530 Appeal from: BXP16 v Minister for Immigration & Anor [2019] FCCA 1946

File number(s): NSD 1234 of 2019

Judge(s): ANDERSON J

Date of judgment: 23 April 2020

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) not to grant protection visa – Ground 1: where Facebook photos and screenshots (Facebook information) were shown to appellant at departmental interview – where delegate referred to Facebook information in decision record – where Tribunal relied on Facebook information to refute appellant's claims – whether Tribunal breached obligation to provide particulars of the Facebook information under s 424A(1) of the Migration Act 1958 (Cth) (Act) – whether Facebook information constituted "information" – whether Facebook information was given by the appellant to the Tribunal – Ground 2: where appellant provided additional material at the Tribunal hearing – where Tribunal stated that it would consider the additional material after the hearing and invite the appellant to another hearing if the Tribunal formed concerns with the material – where Tribunal did not seek further comment from appellant – where Tribunal relied on additional material to make findings adverse to appellant – whether Tribunal breached obligation under s 425 of the Act to invite appellant to appear before the Tribunal Held: appeal allowed – Ground 1 dismissed – Facebook information was contained in delegate's decision record and was accordingly given by appellant to Tribunal for the purposes of s 424A(3)(b) – Ground 2 allowed – Tribunal breached s 425(1) by failing to invite comment in relation to the additional material and then making findings adverse to appellant based on that material