BAZ15 v Minister for Immigration and Border Protection [2018] FCA 230

BAZ15 v Minister for Immigration and Border Protection [2018] FCA 230

The Tribunal complied with s 425(1) because the appellant was given a reasonable and meaningful opportunity to give evidence and present arguments about the alleged recent death of his cousin. The Tribunal was on notice of the claim, permitted the appellant to raise it, invited elaboration, allowed his representative to clarify it and make submissions, and asked at the end of the hearing whether anything else should be said. Section 425 did not require the Tribunal to ask directed questions, seek further detail, actively assist the appellant, or prompt elaboration of a claim he did not develop.

Jurisdiction
Australia
Judgment Date
06 March 2018
Procedural Posture
Migration Appeal From a Judgment of the Federal Circuit Court of Australia / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa Review' 'refugee Review Tribunal Procedure' 'migration Act 1958 (cth), S 425' 'reasonable Opportunity to Give Evidence and Present Arguments' 'procedural Fairness']
['migration' 'administrative Law'] ['protection Visa Review' 'refugee Review Tribunal Procedure' 'migration Act 1958 (cth), S 425' 'reasonable Opportunity to Give Evidence and Present Arguments' 'procedural Fairness']

Case Brief

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Procedural Posture

Migration Appeal From a Judgment of the Federal Circuit Court of Australia / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Federal Circuit Court erred in not finding that the Tribunal breached s 425 of the Migration Act 1958 (Cth) by failing to give the appellant a reasonable opportunity to give evidence and present arguments about his claim that his cousin had recently been murdered.' 'Whether the Tribunal shut down or cut off the appellant when he attempted to raise the recent death of his cousin at the Tribunal hearing.']

Ratio Decidendi

The Tribunal complied with s 425(1) because the appellant was given a reasonable and meaningful opportunity to give evidence and present arguments about the alleged recent death of his cousin. The Tribunal was on notice of the claim, permitted the appellant to raise it, invited elaboration, allowed his representative to clarify it and make submissions, and asked at the end of the hearing whether anything else should be said. Section 425 did not require the Tribunal to ask directed questions, seek further detail, actively assist the appellant, or prompt elaboration of a claim he did not develop.

Court Disposition

Appeal dismissed with costs.

Orders

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