ATS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 226

ATS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 226

The Tribunal did not fail to comply with s 424A because the Pastor's oral evidence and related materials were not 'information' within the meaning of the section, being relevant only to credibility rather than a rejection, denial, or undermining of the protection claim. The Tribunal was not obliged to invite the appellant under s 425 nor provide a running commentary regarding its evaluation of evidence, as the appellant was otherwise put on notice of the dispositive issues.

Jurisdiction
Australia
Judgment Date
16 March 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['judicial Review' 'protection Visas' 'procedural Fairness' 'migration']
['administrative and Constitutional Law and Human Rights'] ['judicial Review' 'protection Visas' 'procedural Fairness' 'migration']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth) by not giving particulars of Pastor's evidence" "What constitutes 'information' for purposes of s 424A" "Whether Tribunal erred in failing to invite appellant under s 425 in relation to Pastor's oral evidence"]

Ratio Decidendi

The Tribunal did not fail to comply with s 424A because the Pastor's oral evidence and related materials were not 'information' within the meaning of the section, being relevant only to credibility rather than a rejection, denial, or undermining of the protection claim. The Tribunal was not obliged to invite the appellant under s 425 nor provide a running commentary regarding its evaluation of evidence, as the appellant was otherwise put on notice of the dispositive issues.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.']