SZLPO v Minister for Immigration & Citizenship (No 2) [2009] FCAFC 60

SZLPO v Minister for Immigration & Citizenship (No 2) [2009] FCAFC 60

It was to be inferred from the Tribunal's request to DFAT and from the Tribunal's reasons that, after receiving DFAT's information, the Tribunal considered the nature of the sources consulted by the Office of the National Ameer to be part of the reason for affirming the delegate's decision. Because the Tribunal's s 424A letter gave only the Office's conclusions and omitted particulars of those sources, the Tribunal failed to comply with s 424A, causing jurisdictional error.

Jurisdiction
Australia
Judgment Date
22 May 2009
Procedural Posture
Application for Judicial Review of a Refugee Review Tribunal Decision / Supplementary Reasons for Judgment After Earlier Orders Were Set Aside to Determine Omitted Ground of Review
Outcome
Application allowed; Tribunal decision set aside and matter remitted to the Tribunal.
Legal Topics
['refugee Review Tribunal' 'migration Act 1958 (cth) S 424 A' 'procedural Fairness' 'jurisdictional Error' 'remitter']
['migration Law' 'administrative Law'] ['refugee Review Tribunal' 'migration Act 1958 (cth) S 424 A' 'procedural Fairness' 'jurisdictional Error' 'remitter']

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Procedural Posture

Application for Judicial Review of a Refugee Review Tribunal Decision / Supplementary Reasons for Judgment After Earlier Orders Were Set Aside to Determine Omitted Ground of Review

Legal Issues

  1. 1 ["Whether the Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth) by not giving SZLPO particulars of the sources consulted by the Office of the National Ameer of the Ahmadiyya Muslim Jama'at of Bangladesh." "Whether the sources information was information that the Tribunal considered would be the reason, or part of the reason, for affirming the delegate's decision."]

Ratio Decidendi

It was to be inferred from the Tribunal's request to DFAT and from the Tribunal's reasons that, after receiving DFAT's information, the Tribunal considered the nature of the sources consulted by the Office of the National Ameer to be part of the reason for affirming the delegate's decision. Because the Tribunal's s 424A letter gave only the Office's conclusions and omitted particulars of those sources, the Tribunal failed to comply with s 424A, causing jurisdictional error.

Court Disposition

Application allowed; Tribunal decision set aside and matter remitted to the Tribunal.

Orders

  • ['The decision of the Refugee Review Tribunal handed down on 11 October 2007 be set aside.' 'The matter be remitted to the Tribunal to be determined in accordance with law.' "The first respondent pay the applicant's costs."]