BVE16 v Minister for Immigration and Border Protection [2018] FCA 922

BVE16 v Minister for Immigration and Border Protection [2018] FCA 922

Information relevant only to credibility, such as the appellant's daughters' evidence and the Google Maps photo, does not constitute 'information' under s 424A of the Migration Act 1958 (Cth); therefore, the Tribunal was not required to provide particulars or invite a response under that provision. The Tribunal properly adjourned the hearing, so the obligation for a fresh s 425A notice did not arise. All grounds of appeal failed.

Jurisdiction
Australia
Judgment Date
19 June 2018
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
['procedural Fairness' 'judicial Review' 'protection Visas' 'tribunal Procedure' 'statutory Interpretation']
['administrative Law' 'migration Law'] ['procedural Fairness' 'judicial Review' 'protection Visas' 'tribunal Procedure' 'statutory Interpretation']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the Tribunal denied procedural fairness to the appellant under ss 424A and 425A of the Migration Act 1958 (Cth)' "Whether information relevant only to credibility constitutes 'information' within the meaning of s 424A" "Whether the Tribunal's adjournment required a fresh notification under s 425A"]

Ratio Decidendi

Information relevant only to credibility, such as the appellant's daughters' evidence and the Google Maps photo, does not constitute 'information' under s 424A of the Migration Act 1958 (Cth); therefore, the Tribunal was not required to provide particulars or invite a response under that provision. The Tribunal properly adjourned the hearing, so the obligation for a fresh s 425A notice did not arise. All grounds of appeal failed.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal."]