SZVGJ v Minister for Immigration and Border Protection [2019] FCA 1475

SZVGJ v Minister for Immigration and Border Protection [2019] FCA 1475

The alleged inconsistencies in the appellant's own statements were not 'information' for the purposes of ss 424AA or 424A because they did not in their terms reject, deny or undermine his protection claims and, in any event, were information given by the appellant for the purposes of the review. The invalid s 438 certificate concerned material that was generic or related to identity matters not material to the Tribunal's assessment, and disclosure or consideration could not realistically have produced a different result. The valid s 438 certificate covered serious allegations by the appellant's former wife, but the Tribunal did not refer to or rely on the material, the source had limited...

Jurisdiction
Australia
Judgment Date
09 September 2019
Procedural Posture
Migration Appeal From the Federal Circuit Court's Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa Refusal' 'sections 424 AA and 424 a of the Migration Act 1958 (cth)' 'section 438 Certificates' 'jurisdictional Error' 'materiality' 'tribunal Review']
['migration Law' 'administrative Law' 'procedural Fairness'] ['protection Visa Refusal' 'sections 424 AA and 424 a of the Migration Act 1958 (cth)' 'section 438 Certificates' 'jurisdictional Error' 'materiality' 'tribunal Review']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Circuit Court's Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the Tribunal failed to comply with ss 424AA or 424A of the Migration Act 1958 (Cth) in relation to alleged adverse information arising from the appellant's statements." "Whether the Tribunal's handling of certificates purportedly issued under s 438 of the Migration Act 1958 (Cth) involved jurisdictional error." "Whether the Federal Circuit Court erred in failing to find that the Tribunal had not properly considered the appellant's claims under s 36(2)(a) and s 36(2)(aa) of the Migration Act 1958 (Cth)."]

Ratio Decidendi

The alleged inconsistencies in the appellant's own statements were not 'information' for the purposes of ss 424AA or 424A because they did not in their terms reject, deny or undermine his protection claims and, in any event, were information given by the appellant for the purposes of the review. The invalid s 438 certificate concerned material that was generic or related to identity matters not material to the Tribunal's assessment, and disclosure or consideration could not realistically have produced a different result. The valid s 438 certificate covered serious allegations by the appellant's former wife, but the Tribunal did not refer to or rely on the material, the source had limited...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal filed on 12 June 2018 is dismissed.' "The appellant is to pay the first respondent's costs."]