AUU15 v Minister for Immigration and Border Protection [2018] FCA 308

AUU15 v Minister for Immigration and Border Protection [2018] FCA 308

The primary judge made no appealable error. Consistently with ATP15, Ms ATP15's response to her own s 424A letter was not information sought or obtained in conducting the appellant's review, was not relied on by the Tribunal in rejecting the appellant's claim, and was not critical corroborative evidence that the Tribunal was obliged to consider. The s 424A particulars given to the appellant were adequate, and the asserted adverse information was not information of the kind requiring further particulars under s 424A. The new grounds concerning confidentiality, s 425 and complementary protection had no reasonable prospect of success, and the general s 424AA complaint lacked particulars. The...

Jurisdiction
Australia
Judgment Date
10 May 2018
Procedural Posture
Migration Appeal From the Federal Circuit Court Refusing Judicial Review of a Refugee Review Tribunal Decision / Appeal to the Federal Court of Australia
Outcome
Leave to appeal with respect to grounds 8 to 10 was refused; the appeal was otherwise dismissed with costs.
Legal Topics
['protection Visa Refusal' 'refugee Review Tribunal Review' 'section 424 a Particulars' 'use of Information From Another Review' 'procedural Fairness' 'complementary Protection']
['migration Law' 'administrative Law'] ['protection Visa Refusal' 'refugee Review Tribunal Review' 'section 424 a Particulars' 'use of Information From Another Review' 'procedural Fairness' 'complementary Protection']

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Procedural Posture

Migration Appeal From the Federal Circuit Court Refusing Judicial Review of a Refugee Review Tribunal Decision / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the Tribunal was required by s 424 of the Migration Act 1958 (Cth) to have regard to Ms ATP15's response to a s 424A letter in conducting the appellant's review." "Whether the Tribunal failed to comply with s 424A by not giving adequate particulars of information about similarities between the appellant's claims and Ms ATP15's claims." 'Whether leave should be granted for new appeal grounds alleging breach of confidentiality, failure to invite evidence and argument under s 425, and constructive failure to exercise jurisdiction in relation to complementary protection.' 'Whether the appellant established any contravention of s 424AA.']

Ratio Decidendi

The primary judge made no appealable error. Consistently with ATP15, Ms ATP15's response to her own s 424A letter was not information sought or obtained in conducting the appellant's review, was not relied on by the Tribunal in rejecting the appellant's claim, and was not critical corroborative evidence that the Tribunal was obliged to consider. The s 424A particulars given to the appellant were adequate, and the asserted adverse information was not information of the kind requiring further particulars under s 424A. The new grounds concerning confidentiality, s 425 and complementary protection had no reasonable prospect of success, and the general s 424AA complaint lacked particulars. The...

Court Disposition

Leave to appeal with respect to grounds 8 to 10 was refused; the appeal was otherwise dismissed with costs.

Orders

  • ['Leave to appeal with respect to grounds 8 to 10 is refused.' 'The appeal is otherwise dismissed.' "The appellant to pay the respondents' costs to be assessed if not agreed."]