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']
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 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.']
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