BXP16 v Minister for Immigration

The applicant, BXP16, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the Delegate's refusal to grant a protection visa. The applicant contended that the AAT had committed jurisdictional error by failing to provide Facebook account information to the applicant for the purposes of sections 424A or 424AA of the *Migration Act 1958* (Cth). Furthermore, the applicant alleged that the AAT denied procedural fairness by not addressing potential concerns regarding this information or holding a further hearing, contrary to an alleged undertaking.

The central legal issues before the Court were whether the AAT committed jurisdictional error by: (1) failing to provide the Facebook account information under sections 424A or 424AA of the *Migration Act*; and (2) denying procedural fairness by not honouring an alleged undertaking to address potential concerns or holding a further hearing.

Dowdy J found that the Facebook account information did not constitute "information" for the purposes of section 424A of the *Migration Act*, and therefore was not required to be given to the applicant under that provision. Moreover, the Court noted that the applicant had themselves provided the Facebook account information to the AAT under section 424A(3)(b) of the *Migration Act*, which rendered section 424A inapplicable. The Court also determined that no unequivocal undertaking, as alleged by the applicant, had been given by the AAT. Consequently, no jurisdictional error was established.

The application for judicial review was dismissed.