Minister for Immigration and Border Protection v SZMTA [2019] HCA 3

By
In
  0
0

Minister for Immigration and Border Protection v SZMTA; CQZ15 v Minister for Immigration and Border Protection; BEG15 v Minister for Immigration and Border Protection [2019] HCA 3
High Court of Australia
Bell, Gageler, Keane, Nettle & Gordon JJ
Migration law – three appeals – Tribunal reviewed refusal to grant protection visa – notification issued to Tribunal by Secretary of the Department of Immigration and Border Protection that s438 Migration Act 1958 (Cth) applied concerning ‘document or information’ – notification not disclosed to applicant – whether ‘fact of notification’ triggered ‘obligation of procedural fairness’ by Tribunal to disclose to applicant the fact of notification – whether breach of obligation constituted jurisdictional error only if breach was ‘material’ – whether an ‘incorrect notification’ constituted jurisdictional error only if it was material – onus – “required in order to ensure that the decision is made fairly in the circumstances having regard to the legal framework within which the decision is to be made”[60]?” – Pt 7 Migration Act 1958 (Cth) – held: one appeal allowed – two appeals dismissed.
Minister for Immigration and Border Protection

Recent Posts