MZAPC v Minister for Immigration and Border Protection [2021] HCA 17

MZAPC v Minister for Immigration and Border Protection [2021] HCA 17

The failure by the Tribunal to disclose the existence of the s 438 notification was established as a breach of procedural fairness, but the appellant did not prove on the balance of probabilities that the Tribunal took account of the adverse information covered by that notification in making its decision. There was no basis in the Tribunal's reasons or other evidence to infer otherwise. Therefore, the breach was not material to the decision under review and did not constitute jurisdictional error. The appeal was dismissed.

Parties
Appellant: MZAPC; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Anor
Jurisdiction
Australia
Judgment Date
19 May 2021
Procedural Posture
Appeal / High Court Appeal From Federal Court of Australia, Following Federal Circuit Court and Administrative Review
Outcome
Appeal dismissed with costs
Legal Topics
Procedural Fairness, Jurisdictional Error, Materiality in Judicial Review, Onus of Proof, Statutory Interpretation, Migration Act 1958 (cth)
Immigration Law Administrative Law Judicial Review Procedural Fairness Jurisdictional Error Materiality in Judicial Review Onus of Proof Statutory Interpretation +1 more

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Parties

MZAPC

Appellant

Minister for Immigration and Border Protection

First Respondent

Anor

Second Respondent

Procedural Posture

Appeal / High Court Appeal From Federal Court of Australia, Following Federal Circuit Court and Administrative Review

Legal Issues

  1. 1 Whether a failure by the Refugee Review Tribunal to disclose the existence of a s 438 notification under the Migration Act 1958 (Cth) constitutes a material breach of procedural fairness resulting in jurisdictional error
  2. 2 Who bears the onus of proof regarding materiality of such a breach in a judicial review application

Ratio Decidendi

The failure by the Tribunal to disclose the existence of the s 438 notification was established as a breach of procedural fairness, but the appellant did not prove on the balance of probabilities that the Tribunal took account of the adverse information covered by that notification in making its decision. There was no basis in the Tribunal's reasons or other evidence to infer otherwise. Therefore, the breach was not material to the decision under review and did not constitute jurisdictional error. The appeal was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs.