MIGRATION application for leave to appeal from a summary judgment of the Federal Circuit Court which quashed a decision of the Administrative Appeals Tribunal and directed that it consider and determine the application for review according to law where the Tribunal had failed to disclose the existence of a certificate under s 438 of the Migration Act 1958 (Cth) where, to resist summary judgment, the Minister sought to tender documents the subject of the s 438 certificate where the primary judge upheld an objection to the tender of those documents whether the primary judge erred in deciding that the Minister had no reasonable prospect of successfully defending the proceeding whether the primary judge erred in refusing the proposed tender of documents where the Minister claimed the documents contained evidence that there had been no denial of procedural fairness by the Tribunal
EVIDENCE whether documents containing information subject to a confidential certificate under Pt 7 of the Migration Act 1958 (Cth) are admissible as evidence in judicial review proceedings for the purpose of establishing whether there is no denial of procedural fairness or whether relief should be denied in the exercise of the Courts discretion
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