Minister for Immigration and Border Protection v CZBB [2013] FCA 1172

Minister for Immigration and Border Protection v CZBB [2013] FCA 1172

The additional country information at [125]-[132] of the Tribunal's decision was general information about groups or classes of persons in India and was not specifically about the respondents or another person. The Tribunal's underlining merely emphasised portions of the extracts and did not alter the character of the information for s 424A(3)(a). Accordingly, s 424A(1) did not require the Tribunal to give the respondents clear particulars of that information or invite comment on it. The Circuit Court also erred in treating the Tribunal's handling of Plaintiff M13/2011 as jurisdictional error, because the Tribunal referred to that decision and any error in applying it was within...

Jurisdiction
Australia
Judgment Date
08 November 2013
Procedural Posture
Migration Appeal From Federal Circuit Court Judicial Review Decision / Appeal
Outcome
Appeal allowed.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'country Information' 'migration Act 1958 (cth) S 424 A' 'natural Justice Hearing Rule' 'jurisdictional Error' 'internal Relocation']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visas' 'refugee Review Tribunal' 'country Information' 'migration Act 1958 (cth) S 424 A' 'natural Justice Hearing Rule' 'jurisdictional Error' 'internal Relocation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Appeal From Federal Circuit Court Judicial Review Decision / Appeal

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal's underlining of portions of general country information transformed that information, or the underlined portions, into information specifically about the visa applicants or another person within the meaning of s 424A(3)(a) of the Migration Act 1958 (Cth)." 'Whether the Tribunal failed to comply with s 424A(1) of the Migration Act 1958 (Cth) by not giving the respondents clear particulars of additional country information and an opportunity to comment.' 'Whether the Tribunal committed jurisdictional error by failing adequately or properly to consider Plaintiff M13/2011 v Minister for Immigration and Citizenship (2011) 277 ALR 667.']

Ratio Decidendi

The additional country information at [125]-[132] of the Tribunal's decision was general information about groups or classes of persons in India and was not specifically about the respondents or another person. The Tribunal's underlining merely emphasised portions of the extracts and did not alter the character of the information for s 424A(3)(a). Accordingly, s 424A(1) did not require the Tribunal to give the respondents clear particulars of that information or invite comment on it. The Circuit Court also erred in treating the Tribunal's handling of Plaintiff M13/2011 as jurisdictional error, because the Tribunal referred to that decision and any error in applying it was within...

Court Disposition

Appeal allowed.

Orders

  • ['The appeal be allowed.' 'Orders 2, 3 and 4 of the orders made by Judge Neville, a judge of the Federal Circuit Court of Australia, on 24 May 2013 in proceeding (P)CAG72 of 2011, be set aside.' "In lieu of the said orders, the applicants' application for judicial review be dismissed." "In lieu of the said orders,...