BYR15 v Minister for Immigration

The applicant, BYR15, sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) which affirmed the refusal of a protection visa. The core of the dispute concerned whether the Tribunal's decision was affected by jurisdictional error.

The central legal issue before the court was whether the Tribunal breached section 425(1) of the *Migration Act 1958* (Cth). This breach was alleged to have occurred by reason of the Tribunal failing to bring to the applicant's attention a "novel matter" that was determinative of the review, thereby impacting the fairness of the review process.

Justice Cameron found that the Tribunal had indeed committed jurisdictional error. His Honour reasoned that section 425(1) imposes a positive obligation on the Tribunal to notify the applicant of any new information or issues that are significant to the outcome of the review. In this instance, the Tribunal considered a matter not raised by the applicant, which was ultimately decisive in its refusal of the protection visa, without affording the applicant an opportunity to respond. This failure to provide notice and an opportunity to be heard on the determinative issue constituted a breach of the statutory requirement and rendered the Tribunal's decision legally invalid.

The court ordered that the decision of the Administrative Appeals Tribunal be set aside.