SZMHD v Minister for Immigration and Citizenship [2009] FCA 712

SZMHD v Minister for Immigration and Citizenship [2009] FCA 712

The Tribunal considered the dispositively relevant information to be that Mr Liu had signed the appellant's employment certificate and had been held legally responsible for falsifying other employment certificates, and the appellant was given particulars and an opportunity to respond to that information. The statement in the staff member's email that it was not clear whether Mr Liu was implicated in the falsification was not information the Tribunal considered would be the reason or part of the reason for affirming the decision, so s 424A did not require its disclosure. Section 422B(3) did not enlarge the Tribunal's obligations under s 424A because it is not a free standing obligation and...

Jurisdiction
Australia
Judgment Date
02 July 2009
Procedural Posture
Migration Appeal Concerning Judicial Review of a Refugee Review Tribunal Protection Visa Decision / Appeal From Orders of the Federal Magistrates Court Dismissing an Application for Review
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'migration Act 1958 (cth) S 424 A' 'migration Act 1958 (cth) S 422 B' 'natural Justice Hearing Rule']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'migration Act 1958 (cth) S 424 A' 'migration Act 1958 (cth) S 422 B' 'natural Justice Hearing Rule']

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Procedural Posture

Migration Appeal Concerning Judicial Review of a Refugee Review Tribunal Protection Visa Decision / Appeal From Orders of the Federal Magistrates Court Dismissing an Application for Review

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal breached s 424A(1) of the Migration Act 1958 (Cth) by failing to give the appellants particulars of the statement that it was not clear whether Mr Liu was implicated in falsification of documents.' 'Whether s 422B(3) of the Migration Act 1958 (Cth) required s 424A to be interpreted as imposing an obligation to provide the full text of the email supplied by a Chinese speaking staff member.' 'Whether the information not provided was adverse information requiring disclosure as a matter of procedural fairness.']

Ratio Decidendi

The Tribunal considered the dispositively relevant information to be that Mr Liu had signed the appellant's employment certificate and had been held legally responsible for falsifying other employment certificates, and the appellant was given particulars and an opportunity to respond to that information. The statement in the staff member's email that it was not clear whether Mr Liu was implicated in the falsification was not information the Tribunal considered would be the reason or part of the reason for affirming the decision, so s 424A did not require its disclosure. Section 422B(3) did not enlarge the Tribunal's obligations under s 424A because it is not a free standing obligation and...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The appellants pay the costs of the first respondent.']