SXSB v Minister for Immigration and Citizenship [2007] FCA 319

SXSB v Minister for Immigration and Citizenship [2007] FCA 319

Even if the differences in claims between the first and second Tribunal hearings constituted 'information', that information was provided by the applicant for the purposes of the review and thus fell within the exception in s 424A(3)(b) of the Migration Act 1958 (Cth). The Tribunal was not required to notify the appellant of such information, and there was no jurisdictional error. The appeal is dismissed.

Parties
Appellant: SXSB; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
09 March 2007
Procedural Posture
Appeal / Judgment on Appeal From Federal Magistrates Court
Outcome
Appeal dismissed
Legal Topics
Protection Visa, Jurisdictional Error, Refugee Review Tribunal, Procedural Fairness, Section 424 a Migration Act
Migration Law Protection Visa Jurisdictional Error Refugee Review Tribunal Procedural Fairness Section 424 a Migration Act

Case Brief

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Parties

SXSB

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Magistrates Court

Legal Issues

  1. 1 Whether the Refugee Review Tribunal was required to notify the appellant under s 424A(1) of the Migration Act 1958 (Cth) about differences between claims made at two hearings.
  2. 2 Whether the information relied upon by the Tribunal constituted 'information' for the purposes of s 424A(1).
  3. 3 Whether the Tribunal's reliance on inconsistencies fell within the exception in s 424A(3)(b).

Ratio Decidendi

Even if the differences in claims between the first and second Tribunal hearings constituted 'information', that information was provided by the applicant for the purposes of the review and thus fell within the exception in s 424A(3)(b) of the Migration Act 1958 (Cth). The Tribunal was not required to notify the appellant of such information, and there was no jurisdictional error. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The name of the first respondent be amended from 'Minister for Immigration and Multicultural and Indigenous Affairs' to 'Minister for Immigration and Citizenship'.
  • The appeal be dismissed.