AHZ17 v Minister for Immigration

The applicant, AHZ17, sought judicial review of a decision by the Minister for Immigration. The dispute concerned the Minister's refusal to grant a protection visa, a decision purportedly based on a confidential certificate issued under section 438 of the *Migration Act 1958* (Cth). The matter came before Judge Riethmuller of the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were whether the Minister could lead further evidence on the question of the futility of granting relief, and whether the court was bound by the decision in *MZAFZ* regarding the admissibility of an affidavit filed by the Minister without leave. The court was also required to consider the principles of natural justice in the context of a decision influenced by a confidential certificate.

Judge Riethmuller refused the Minister leave to lead further evidence, finding that the question of futility was not a basis to refuse relief in this instance. The court applied the principles established in *MZAFZ*, determining that the case was not distinguishable and therefore the Minister's affidavit, filed without leave, was inadmissible. The court found that the applicant had been denied procedural fairness, as they had not been given an opportunity to respond to the information contained within the confidential certificate. Consequently, the court granted relief to the applicant.