BBX17 v Minister for Immigration

BBX17 (the applicant) sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) to refuse protection visas. The applicant, a principal applicant, claimed to fear harm in Pakistan. The Tribunal had not believed the applicant's claims.

The primary legal issues before the court were whether the Tribunal had breached section 424A of the *Migration Act 1958* (Cth), whether it had failed to invite evidence or arguments concerning one of the applicant's claims, and whether it had failed to properly consider a claim that it did consider.

Judge Driver found that jurisdictional error had been established in relation to the breach of section 424A of the *Migration Act*. This section requires the Tribunal to notify the applicant of adverse information and provide an opportunity to respond. The court determined that the Tribunal had failed to comply with this procedural requirement.