MZAPC v Minister for Immigration and Border Protection [2021] HCA 17

MZAPC v Minister for Immigration and Border Protection [2021] HCA 17
High Court of Australia
Kiefel CJ; Gageler, Keane, Gordon, Edelman, Steward & Gleeson JJ
Migration law – procedural fairness – materiality – refusal to grant protection visa – appeal concerning ‘content and proof of the element of materiality identified in’ Hossain v Minister for Immigration and Border Protection [2018] HCA 3 – Refugee Review Tribunal had failed to disclose to appellant the existence of a notification by Secretary under s438(2)(a) Migration Act 1958 (Cth) (Migration Act) that s438(1)(b) Migration Act ‘applied to information’ in documents which Secretary had given Tribunal under s418(3) Migration Act – no dispute failure was in breach of ‘implied condition of procedural fairness identified in’ Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 (SZMTA) – whether correct application of SZMTA to find breach ‘did not result in jurisdictional error’ in Tribunal’s affirmation of delegate’s refusal to grant protection visa – whether Mortimer J, of Federal Court of Australia, had erroneously ‘erected and acted on’ a ‘presumption of fact’ that Tribunal had not taken notification’s information into account, and had erroneously cast onus on appellant to displace that presumption – held: SZMTA (by majority) correct and applicable – breach did not result in jurisdictional error by Tribunal – appeal dismissed.
MZAPC