MIGRATION - visa - application for complementary protection under Migration Act 1958 (Cth) s 36(2)(aa) - application refused by Minister - refusal affirmed by Administrative Appeals Tribunal - unsuccessful judicial review of Tribunal decision in Federal Circuit Court (FCC) - appeal from FCC decision - whether Tribunal decision affected by jurisdictional error because of failure to take into account the appellant's health and mental state - Tribunal member accepted and relied upon evidence of health and mental state - no jurisdictional error established.
MIGRATION - whether inconsistency in Tribunal's regard to appellant's mental state when assessing credibility issues - the Tribunal's reasons not unreasonable, irrational, nor illogical
MIGRATION - Minister's delegate gave a notification to Refugee Review Tribunal under Migration Act s 438(1)(b) that certain materials should not be disclosed to the appellant because they had been given to the Minister or the Department in confidence- in fact all the materials listed in the notification had previously been disclosed to appellant's then solicitors - whether jurisdictional error in procedure adopted in relation to notification - notification mistaken as it referred to documents and information which could not reasonably be regarded to have been given in confidence - inference that Tribunal relied on the mistaken notification and thereby committed jurisdictional error - appeal allowed.
↧