SZQKE v Minister for Immigration and Border Protection [2021] FCA 833

SZQKE v Minister for Immigration and Border Protection [2021] FCA 833

No denial of procedural fairness arose from not putting country information or its sources to the appellant, as no evidence was advanced that the information or its sources were unreliable, and the applicant failed to demonstrate materiality. The fresh evidence was not shown to be likely to have produced a different result, and new arguments not raised below could not be advanced on appeal. Application to adduce fresh evidence and appeal both dismissed.

Parties
Appellant: SZQKE; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Secretary of the Department of Immigration and Border Protection
Jurisdiction
Australia
Judgment Date
26 July 2021
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Procedural Fairness, Judicial Review, Independent Treaties Obligations Assessment, Adducing Fresh Evidence, Materiality in Administrative Decisions
Migration Law Administrative Law Procedural Fairness Judicial Review Independent Treaties Obligations Assessment Adducing Fresh Evidence Materiality in Administrative Decisions

Case Brief

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Parties

SZQKE

Appellant

Minister for Immigration and Border Protection

First Respondent

Secretary of the Department of Immigration and Border Protection

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was a denial of procedural fairness in failing to put country information to the appellant for comment during an ITOA interview
  2. 2 Whether leave should be granted to adduce fresh evidence
  3. 3 Application of materiality in judicial review

Ratio Decidendi

No denial of procedural fairness arose from not putting country information or its sources to the appellant, as no evidence was advanced that the information or its sources were unreliable, and the applicant failed to demonstrate materiality. The fresh evidence was not shown to be likely to have produced a different result, and new arguments not raised below could not be advanced on appeal. Application to adduce fresh evidence and appeal both dismissed.

Court Disposition

appeal dismissed

Orders

  • The interlocutory application to adduce further evidence on appeal be dismissed.
  • The appeal be dismissed.