ZXXZ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 855

ZXXZ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 855

Because the oral evidence before the Tribunal may be relevant to an issue as pleaded, particularly ground 2c, the Court was persuaded to make an order effectively giving the parties discovery and inspection of the Tribunal audio recording by requiring the second respondent to lodge it with the District Registrar and allowing party access. This necessitated adjournment of the existing hearing date and revision of directions.

Jurisdiction
Australia
Judgment Date
14 July 2023
Procedural Posture
Application Under S 476 a of the Migration Act for Judicial Review of a Decision of the Administrative Appeals Tribunal in Respect of the Non Revocation of the Cancellation of the Applicant's Visa / Interlocutory Case Management Orders Concerning Production of the Tribunal Hearing Audio Recording, Adjournment of the Hearing, Amended Application and Revised Directions
Outcome
Hearing adjourned; the Administrative Appeals Tribunal was ordered to lodge the audio recording of its hearing; parties were permitted access to the recording; directions were varied; costs reserved.
Legal Topics
['judicial Review' 'visa Cancellation Non Revocation' 'non Refoulement' 'discovery in Judicial Review' 'administrative Appeals Tribunal Audio Recording' 'case Management Directions']
['administrative Law' 'migration Law'] ['judicial Review' 'visa Cancellation Non Revocation' 'non Refoulement' 'discovery in Judicial Review' 'administrative Appeals Tribunal Audio Recording' 'case Management Directions']

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Procedural Posture

Application Under S 476 a of the Migration Act for Judicial Review of a Decision of the Administrative Appeals Tribunal in Respect of the Non Revocation of the Cancellation of the Applicant's Visa / Interlocutory Case Management Orders Concerning Production of the Tribunal Hearing Audio Recording, Adjournment of the Hearing, Amended Application and Revised Directions

Legal Issues

  1. 1 ['Whether the Administrative Appeals Tribunal should be ordered to lodge the audio recording of the hearing before it for access by the parties.' 'Whether discovery and inspection of the audio recording should be permitted in the judicial review proceeding.' 'Whether the hearing fixed for 24 July 2023 should be adjourned and existing directions revised.']

Ratio Decidendi

Because the oral evidence before the Tribunal may be relevant to an issue as pleaded, particularly ground 2c, the Court was persuaded to make an order effectively giving the parties discovery and inspection of the Tribunal audio recording by requiring the second respondent to lodge it with the District Registrar and allowing party access. This necessitated adjournment of the existing hearing date and revision of directions.

Court Disposition

Hearing adjourned; the Administrative Appeals Tribunal was ordered to lodge the audio recording of its hearing; parties were permitted access to the recording; directions were varied; costs reserved.

Orders

  • ['The hearing presently fixed for 24 July 2023 be adjourned to 23 October 2023 at 10:15am in Melbourne.' "The second respondent lodge with the District Registrar of the Victorian registry, on or before 28 July 2023, the audio recording of the hearing before the second respondent in respect of the applicant's review...