ANN15 v Minister for Immigration and Border Protection [2019] FCA 246

ANN15 v Minister for Immigration and Border Protection [2019] FCA 246

The relevant information – the electoral success of the UNP and the election of President Sirisena as part of a UNP coalition – was about the status of the UNP as a party, not specifically about President Sirisena or the appellant. Therefore, under s 424A(3)(a), there was no obligation to provide written particulars of this information to the appellant under s 424A(1). Consequently, the Tribunal did not commit jurisdictional error.

Jurisdiction
Australia
Judgment Date
01 March 2019
Procedural Posture
Migration Appeal / Appeal From Federal Circuit Court Decision on Judicial Review
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'procedural Fairness' 'migration Act 1958 (cth) S 424 A']
['administrative Law' 'migration Law'] ['judicial Review' 'procedural Fairness' 'migration Act 1958 (cth) S 424 A']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From Federal Circuit Court Decision on Judicial Review

Legal Issues

  1. 1 ['Whether the Tribunal failed to comply with s 424A(1) of the Migration Act 1958 (Cth) in respect of information concerning the election of President Sirisena as part of a UNP coalition' 'Whether the relevant information fell within the exception in s 424A(3)(a)']

Ratio Decidendi

The relevant information – the electoral success of the UNP and the election of President Sirisena as part of a UNP coalition – was about the status of the UNP as a party, not specifically about President Sirisena or the appellant. Therefore, under s 424A(3)(a), there was no obligation to provide written particulars of this information to the appellant under s 424A(1). Consequently, the Tribunal did not commit jurisdictional error.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs as agreed or assessed."]