MZAPC v Minister for Immigration and Border Protection

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, KEANE, GORDON, EDELMAN, STEWARD AND GLEESON JJMZAPC  APPELLANTANDMINISTER FOR IMMIGRATION AND BORDERPROTECTION & ANOR  RESPONDENTSMZAPC v Minister for Immigration and Border Protection[2021] HCA 17Date of Hearing: 5 March 2021Date of Judgment: 19 May 2021M77/2020ORDERAppeal dismissed with costs. On appeal from the Federal Court of AustraliaRepresentationD J Hooke SC with S H Hartford Davis, S G Lawrence and D J Reynolds for the appellant (instructed by Conditsis Lawyers)S P Donaghue QC, Solicitor-General of the Commonwealth, with M A Hosking for the first respondent (instructed by Clayton Utz)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMZAPC v Minister for Immigration and Border Protection Immigration – Refugees – Application for protection visa – Where appellant applied to Refugee Review Tribunal ("Tribunal") for review of first respondent's decision to refuse protection visa under Migration Act 1958 (Cth) ("Act") – Where s 438 notification issued under Act in relation to material including appellant's criminal record – Where Tribunal did not disclose existence of s 438 notification to appellant – Where first respondent conceded failure to disclose amounted to breach of procedural fairness – Where information covered by s 438 notification not referred to in reasons for decision – Whether breach material – Whether Tribunal in fact took s 438 notification information into account in making decision – Whether Federal Court erred by erecting presumption that Tribunal did not take s 438 notification...