ALF16 v Minister for Immigration and Border Protection [2019] FCA 1457

ALF16 v Minister for Immigration and Border Protection [2019] FCA 1457

Although the Tribunal failed to disclose the existence of the s 438 certificates, the appellant was informed of the substance of the allegations and given an opportunity to respond, and the Tribunal gave no weight to the covered information; therefore, the breach was not material and did not constitute jurisdictional error. The appeal is dismissed.

Jurisdiction
Australia
Judgment Date
06 September 2019
Procedural Posture
Appeal / Judgment on Appeal From Dismissal of Judicial Review by Federal Circuit Court
Outcome
Appeal dismissed
Legal Topics
['procedural Fairness' 'disclosure Obligations Under Migration Act' 'jurisdictional Error' 'protection Visa Applications' 'section 438 Certificates']
['administrative Law' 'migration Law'] ['procedural Fairness' 'disclosure Obligations Under Migration Act' 'jurisdictional Error' 'protection Visa Applications' 'section 438 Certificates']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Dismissal of Judicial Review by Federal Circuit Court

Legal Issues

  1. 1 ['Whether failure to disclose the existence of s 438 certificates to the appellant constituted a breach of procedural fairness' 'Whether any breach of procedural fairness was material and resulted in jurisdictional error']

Ratio Decidendi

Although the Tribunal failed to disclose the existence of the s 438 certificates, the appellant was informed of the substance of the allegations and given an opportunity to respond, and the Tribunal gave no weight to the covered information; therefore, the breach was not material and did not constitute jurisdictional error. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the first respondent, such costs to be taxed in default of agreement.']