CDH17 v Minister for Immigration

The applicant, CDH17, sought judicial review of a decision by the Administrative Appeals Tribunal (Tribunal) concerning her protection visa application. The dispute arose after the Tribunal refused her application, and she subsequently sought ministerial intervention under section 417 of the Migration Act 1958. The matter was heard by Judge Cameron in the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were whether the Tribunal's decision was affected by jurisdictional error. Specifically, the applicant alleged that the Tribunal had prejudged her claims, failed to advise her of its doubts, did not inform her that a certificate under section 438 of the Migration Act 1958 had been served on it, and that she was unable to present her claims effectively.

Judge Cameron reasoned that the Minister's submission regarding the absence of the certificate and related documents from the Tribunal's reasons was persuasive. The court found that even if the Tribunal had considered these documents, its failure to disclose the certificate to the applicants did not materially affect the outcome of the review, and therefore did not constitute jurisdictional error, referencing the principles in *Minister for Immigration and Border Protection v SZMTA* (2019) 264 CLR 421. The court noted that the information contained within the certificate and accompanying documents largely reiterated matters already known to the applicants and the Tribunal. Consequently, jurisdictional error on the part of the Tribunal was not demonstrated.

The application was dismissed.