MIGRATION - Protection (Class XA) visa - appeal from the Federal Circuit Court of Australia ("FCC") - whether FCC erred in failing to find jurisdictional error in the decision of the AAT ("Tribunal") - where the Tribunal dismissed the appellant's claims on the basis of country of origin information ("COI") which post-dated the hearing and indicated that the condition forming the premise of the appellant's claim no longer existed ("changed condition") - whether the changed condition gave rise to a new issue under s 425(1) of the Migration Act 1958 (Cth) such that the Tribunal was required to invite the appellant to a new hearing - whether the Tribunal had an alternative basis for dismissing the appellant's claim - whether the Tribunal was excused from providing particulars of the changed condition by s 424A(3)(a) - consideration of any tension between s 424A(3)(a) and s 425(1) - the changed condition gave rise to a new issue - s 424A(3)(a) did not excuse the Tribunal from the obligation to hold a further hearing - the Tribunal's failure to hold a further hearing amounted to jurisdictional error - the FCC erred in failing to discern the Tribunal's error - appeal allowed
↧