AVC15 v Minister For Immigration and Anor (No.2)

AVC15 sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) which affirmed a decision not to grant a protection visa. The applicant contended that the Tribunal's failure to disclose a certificate, purportedly issued under section 438 of the *Migration Act 1958* (Cth), deprived them of a fair hearing. The matter was heard by Judge Manousaridis in the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether the non-disclosure of the section 438 certificate by the Tribunal prejudiced the applicant, thereby vitiating the Tribunal's decision. Specifically, the court had to determine if the applicant was deprived of a real possibility of a different outcome due to this failure, or if the disclosure of the certificate could have had any impact on the review process.

Judge Manousaridis reasoned that the applicant had not demonstrated that the non-disclosure of the certificate caused any prejudice. The court found that even if the certificate had been disclosed, it would not have altered the outcome of the Tribunal's review. The applicant's argument that they were deprived of a possibility of a different outcome was therefore rejected. Consequently, the application for judicial review was dismissed.