CJU17 v Minister for Immigration and Border Protection [2019] FCA 875

CJU17 v Minister for Immigration and Border Protection [2019] FCA 875

The Tribunal was not required to put the evidence of AB to the applicant under s 424A because that evidence, considered in isolation, did not harm the applicant's case and went merely to credibility, not to a reason for affirming the decision under review.

Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Appeal / Application for Extension of Time to Appeal and Substantive Determination of Appeal
Outcome
Appeal dismissed with costs; extension of time granted.
Legal Topics
['judicial Review' 'tribunal Procedure' 'section 424 a Migration Act']
['administrative Law' 'migration Law'] ['judicial Review' 'tribunal Procedure' 'section 424 a Migration Act']

Case Brief

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Procedural Posture

Appeal / Application for Extension of Time to Appeal and Substantive Determination of Appeal

Legal Issues

  1. 1 ['Whether the Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth) by not putting information from a witness (AB) to the applicant']

Ratio Decidendi

The Tribunal was not required to put the evidence of AB to the applicant under s 424A because that evidence, considered in isolation, did not harm the applicant's case and went merely to credibility, not to a reason for affirming the decision under review.

Court Disposition

Appeal dismissed with costs; extension of time granted.

Orders

  • ['The time for leave to appeal be extended to allow the appeal to be filed and served.' 'The appeal be dismissed with costs.']