ATP15 v Minister for Immigration and Border Protection [2016] FCAFC 53

ATP15 v Minister for Immigration and Border Protection [2016] FCAFC 53

By majority, the Tribunal did not enliven s 424 in respect of Mrs B's response because that response was sought and obtained in conducting Mrs B's separate review, not in conducting the appellants' review, and the Tribunal did not rely on that response in affirming the delegate's decision concerning the appellants. The Tribunal's 19 March 2015 letter gave sufficient clear particulars under s 424A: it identified the relevant information about the appellant and Mrs B travelling together, using the same address and migration agent, and making similar claims to fear harm from the Taliban, and enabled the appellant to provide a meaningful response. In any event, the information provided by Mrs...

Jurisdiction
Australia
Judgment Date
05 April 2016
Procedural Posture
Migration Appeal From Federal Circuit Court Judicial Review of Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / Appeal to Full Court of the Federal Court of Australia
Outcome
Appeal dismissed with costs by majority.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'administrative Appeals Tribunal' 'migration Act 1958 (cth) S 424' 'migration Act 1958 (cth) S 424 A' 'clear Particulars' 'procedural Fairness' 'tribunal Obtaining Information in Another Review']
['migration' 'administrative Law'] ['protection Visas' 'refugee Review Tribunal' 'administrative Appeals Tribunal' 'migration Act 1958 (cth) S 424' 'migration Act 1958 (cth) S 424 A' 'clear Particulars' 'procedural Fairness' 'tribunal Obtaining Information in Another Review']

Case Brief

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Procedural Posture

Migration Appeal From Federal Circuit Court Judicial Review of Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / Appeal to Full Court of the Federal Court of Australia

Legal Issues

  1. 1 ["Whether s 424 of the Migration Act 1958 (Cth) was enlivened by Mrs B's response obtained in the course of Mrs B's separate Tribunal review." "Whether the Tribunal was obliged to have regard to Mrs B's response in deciding the appellants' review." "Whether the Tribunal's letter dated 19 March 2015 gave clear particulars as required by s 424A(1)(a) of the Migration Act 1958 (Cth)." 'Whether information concerning similar protection visa application formats and similar claims to fear harm from the Taliban required further particularisation.']

Ratio Decidendi

By majority, the Tribunal did not enliven s 424 in respect of Mrs B's response because that response was sought and obtained in conducting Mrs B's separate review, not in conducting the appellants' review, and the Tribunal did not rely on that response in affirming the delegate's decision concerning the appellants. The Tribunal's 19 March 2015 letter gave sufficient clear particulars under s 424A: it identified the relevant information about the appellant and Mrs B travelling together, using the same address and migration agent, and making similar claims to fear harm from the Taliban, and enabled the appellant to provide a meaningful response. In any event, the information provided by Mrs...

Court Disposition

Appeal dismissed with costs by majority.

Orders

  • ['Leave be granted for the first respondent to file and rely on the notice of contention dated 25 February 2016.' 'The appeal be dismissed.' "The appellants pay the first respondent's costs, as agreed or assessed."]