SZTNL v Minister for Immigration and Border Protection [2015] FCA 463

SZTNL v Minister for Immigration and Border Protection [2015] FCA 463

The Tribunal's notice complied with s 424A(1)(b) by putting the applicant on notice of inconsistent evidence and possible adverse credibility findings and their consequences; s 424A does not require advance written notice of how information relating to credibility may be employed under s 91R(3), nor of every analytic step. Section 424A does not apply where the 'information' is simply material going to credibility. Accordingly, there was no error in the FCCA upholding the Tribunal's process, and the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
25 May 2015
Procedural Posture
Appeal / Judgment of Federal Court on Appeal From Federal Circuit Court
Outcome
appeal dismissed
Legal Topics
["s 424 a Migration Act 1958—'information' Provision" 'procedural Fairness in Merits Review' 'refugee and Complementary Protection Determinations' 'credibility Assessments in Migration Law' 'effect of S 91 R(3) Migration Act 1958']
['migration Law' 'administrative Law'] ["s 424 a Migration Act 1958—'information' Provision" 'procedural Fairness in Merits Review' 'refugee and Complementary Protection Determinations' 'credibility Assessments in Migration Law' 'effect of S 91 R(3) Migration Act 1958']

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Procedural Posture

Appeal / Judgment of Federal Court on Appeal From Federal Circuit Court

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal complied with s 424A(1)(b) of the Migration Act 1958 (Cth)' "Whether 'information' relied on for affirming the decision was properly particularised and explained under s 424A(1)(b)" 'Whether information going only to credibility must be disclosed under s 424A(1)']

Ratio Decidendi

The Tribunal's notice complied with s 424A(1)(b) by putting the applicant on notice of inconsistent evidence and possible adverse credibility findings and their consequences; s 424A does not require advance written notice of how information relating to credibility may be employed under s 91R(3), nor of every analytic step. Section 424A does not apply where the 'information' is simply material going to credibility. Accordingly, there was no error in the FCCA upholding the Tribunal's process, and the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the first respondent as agreed or assessed.']