CAQ15 v Minister for Immigration

The applicant, CAQ15, sought judicial review of a decision by the Refugee Review Tribunal (the Tribunal) to refuse a protection visa. The core of the dispute concerned allegations that the Tribunal's decision was affected by jurisdictional error, specifically by failing to consider all claims made by the applicant and by breaching section 424A of the *Migration Act 1958* (Cth). The matter was heard by Judge Cameron in the Federal Circuit Court of Australia.

The primary legal issues before the Court were whether the Tribunal had failed to adequately consider all the claims made by the applicant, and whether the Tribunal had breached its obligations under section 424A of the *Migration Act 1958* (Cth). Section 424A requires the Tribunal to notify the applicant of any adverse information that may be the reason for a decision adverse to the applicant and to provide an opportunity for the applicant to respond.

Judge Cameron found that the Tribunal had indeed failed to consider all the claims made by the applicant, which constituted a failure to exercise its jurisdiction according to law. Furthermore, the Court determined that the Tribunal had breached section 424A of the *Migration Act 1958* (Cth) by failing to provide the applicant with adequate notice of adverse information and an opportunity to respond. Consequently, the Tribunal's decision was set aside due to jurisdictional error. The matter was remitted to the Tribunal to be heard and determined according to law.