SZJGB v Minister for Immigration & Citizenship [2007] FCA 472

SZJGB v Minister for Immigration & Citizenship [2007] FCA 472

Information in the visa application and oral confirmation/adoption of its contents in the RRT hearing are 'information given for the purpose of the application' within the exception of s 424A(3)(b); there was no breach of s 424A and thus no jurisdictional error.

Jurisdiction
Australia
Judgment Date
03 April 2007
Procedural Posture
Application for Leave to Appeal (migration/protection Visa) / Determination of Application for Leave to Appeal From Federal Magistrates Court
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
['protection Visas' 'procedural Fairness' 'section 424 a Migration Act' 'judicial Review']

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Procedural Posture

Application for Leave to Appeal (migration/protection Visa) / Determination of Application for Leave to Appeal From Federal Magistrates Court

  1. 1 ['Whether the Refugee Review Tribunal breached s 424A of the Migration Act 1958 (Cth) by failing to provide to the applicant, for comment, his own visa application']

Ratio Decidendi

Information in the visa application and oral confirmation/adoption of its contents in the RRT hearing are 'information given for the purpose of the application' within the exception of s 424A(3)(b); there was no breach of s 424A and thus no jurisdictional error.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • ["The name of the first respondent be amended to read 'Minister for Immigration and Citizenship'." 'The application for leave to appeal is dismissed with costs.']