SZTIS v Minister for Immigration and Border Protection [2017] FCA 545

SZTIS v Minister for Immigration and Border Protection [2017] FCA 545

The Tribunal satisfied its obligations under s 425(1) of the Migration Act 1958 (Cth) as the issue of bail and remand upon return was raised by the Delegate and acknowledged prior to the Tribunal hearing; the provision of further DFAT information post-hearing did not raise a new dispositive issue requiring a further hearing. Leave to raise the new ground was granted, but the appeal was dismissed as the alleged failure under s 425(1) was not established.

Jurisdiction
Australia
Judgment Date
22 May 2017
Procedural Posture
Appeal / Judgment on Appeal With Leave Decision
Outcome
Appeal dismissed with costs
Legal Topics
['protection (class Xa) Visa' 'procedural Fairness' 'section 425 of Migration Act' 'appeals Procedures']
['administrative Law' 'migration Law'] ['protection (class Xa) Visa' 'procedural Fairness' 'section 425 of Migration Act' 'appeals Procedures']

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Procedural Posture

Appeal / Judgment on Appeal With Leave Decision

Legal Issues

  1. 1 ['Whether Tribunal failed to comply with s 425 of the Migration Act by not inviting the appellant to appear regarding the bail guarantor issue after new country information was provided post-hearing' 'Whether leave should be granted to raise a new ground of appeal not considered by the primary judge']

Ratio Decidendi

The Tribunal satisfied its obligations under s 425(1) of the Migration Act 1958 (Cth) as the issue of bail and remand upon return was raised by the Delegate and acknowledged prior to the Tribunal hearing; the provision of further DFAT information post-hearing did not raise a new dispositive issue requiring a further hearing. Leave to raise the new ground was granted, but the appeal was dismissed as the alleged failure under s 425(1) was not established.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Leave granted for appellant to rely on ground 1 in draft notice of appeal dated 6 April 2016.' 'Appeal dismissed with costs.']