AFG20 v Minister for Immigration & Anor

This matter came before Judge Mercuri in the Federal Circuit and Family Court of Australia concerning an application for a protection visa that had been dismissed. The applicant, AFG20, sought review of the decision to dismiss their application.

The central legal issue before the court was whether the Administrative Appeals Tribunal (AAT) had afforded the applicant a sufficient opportunity to be heard, specifically in relation to the issues arising from the decision under review. This involved considering the scope of the issues the Tribunal is required to identify and communicate to an applicant, and the applicant's entitlement to assume the delegate's reasons for refusal define those issues unless otherwise notified.

The court referred to the High Court's decision in *SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs & Anor* (2006) 228 CLR 152. The High Court in *SZBEL* established that while the Tribunal can consider all powers and discretions of the original decision-maker, it must identify and communicate any issues that may be dispositive of the application and which were not considered by the delegate. If the Tribunal fails to identify such additional issues, an applicant is entitled to assume that the issues identified by the delegate as determinative are the only issues arising for review. The manner in which the Tribunal indicates these issues can vary depending on the circumstances, the nature of the dispute, and how matters are presented during a hearing.