BXP16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 530

BXP16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 530

The Facebook information, while 'information' for s 424A(1), was incorporated in the delegate's reasons and provided by the appellant to the Tribunal, engaging the s 424A(3)(b) exception; but the Tribunal breached its duty under s 425(1) by making adverse findings on new material provided at the hearing without inviting the appellant to respond as indicated, thereby amounting to jurisdictional error.

Jurisdiction
Australia
Judgment Date
23 April 2020
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court Decision on Judicial Review of Administrative Appeals Tribunal Decision
Outcome
Appeal allowed in part; orders of the lower court and the Tribunal set aside; matter remitted; costs awarded to appellant.
Legal Topics
['procedural Fairness' 'judicial Review' 'tribunal Powers' 'protection Visas' 'migration Act 1958 (cth)']
['migration Law' 'administrative Law'] ['procedural Fairness' 'judicial Review' 'tribunal Powers' 'protection Visas' 'migration Act 1958 (cth)']

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Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court Decision on Judicial Review of Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ['Whether the Tribunal breached s 424A(1) of the Migration Act 1958 (Cth) by failing to notify the appellant about the use of Facebook information' 'Whether the Tribunal breached s 425(1) of the Migration Act by failing to invite the appellant to comment on additional material provided at the Tribunal hearing before making adverse findings based on it']

Ratio Decidendi

The Facebook information, while 'information' for s 424A(1), was incorporated in the delegate's reasons and provided by the appellant to the Tribunal, engaging the s 424A(3)(b) exception; but the Tribunal breached its duty under s 425(1) by making adverse findings on new material provided at the hearing without inviting the appellant to respond as indicated, thereby amounting to jurisdictional error.

Court Disposition

Appeal allowed in part; orders of the lower court and the Tribunal set aside; matter remitted; costs awarded to appellant.

Orders

  • ["The name of the respondent be changed to 'Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs'." 'The appeal is allowed.' 'The orders made by the Federal Circuit Court of Australia on 18 July 2019 are set aside.' 'The decision of the Administrative Appeals Tribunal made on 29 June...