SZUJT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 612

FEDERAL COURT OF AUSTRALIA

SZUJT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 612 Appeal from: SZUJT v Minister for Immigration & Anor [2016] FCCA 453

File number: NSD 429 of 2016

Judge: PERRY J

Date of judgment: 8 May 2020

Catchwords: MIGRATION – where Refugee Review Tribunal (RRT) affirmed decision not to grant the appellant a protection visa – where Federal Circuit Court dismissed application for judicial review of RRT decision – where RRT's finding that it was reasonable for the appellant to relocate to another part of Pakistan was determinative – whether RRT conflated criteria in ss 36(2)(a) and (aa) – whether the RRT failed to address claims that the appellant's children could not reasonably relocate – where inference is that the claims were not material where no link was made between the children's personal circumstances and the viability of the place of relocation – whether RRT imposed a requirement on the appellant to prove he was specifically targeted –whether Tribunal's treatment of corroborative letters illogical and irrational – where Minister conceded that a certificate under s 438, Migration Act, was not disclosed in breach of procedural fairness – where subject of certificate was "dob in" correspondence – whether the information was given in confidence for the purposes of s 438(1)(b) – whether the information could form the basis for a claim of public interest immunity under s 130(1) and (4), Evidence Act, so as to engage s 438(1)(a) – whether breach of procedural fairness material – content of obligation of procedural fairness where certificate valid – where the materiality of the breach falls to be determined by reference to the nature of the opportunity of which the appellant was denied – Minister for Immigration and Citizenship v SZMTA (2019) 264 CLR 421 distinguished – appeal dismissed