C7A/2017 v Minister for Immigration and Border Protection

The appellants, a mother and her two sons, sought judicial review of a decision of the Refugee Review Tribunal which dismissed their application for protection visas. The Tribunal concluded that the first appellant was not credible and that the appellants either had Indonesian nationality or were entitled to it. The Tribunal was not satisfied that the children had any independent claims. The primary judge dismissed the appeal, holding that the Tribunal had not denied the children procedural fairness or failed to consider relevant evidence. The appellants appealed to the Full Court. The appellants contended that the Tribunal failed to give them procedural fairness by not permitting the children to give evidence and make submissions. They also argued that the Tribunal did not properly consider whether they were unable to reside lawfully in Indonesia and erred in finding that they had Indonesian nationality. The Full Court held that the Tribunal was not required to permit the children to give evidence as the first appellant had abandoned any separate claims on their behalf. The Tribunal’s reasons were sufficient and its conclusions were open to it on the evidence before it. The appeal was dismissed with costs.