CSH17 v Minister for Immigration

The applicant, CSH17, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) to refuse their application for a protection visa. The Minister for Immigration was the respondent. The core of the dispute concerned the validity and effect of a certificate issued under section 438 of the *Migration Act 1958* (Cth) and the subsequent procedural fairness afforded to the applicant. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the AAT had committed a jurisdictional error by relying on a certificate issued under section 438 of the *Migration Act* without adequately providing the applicant with the opportunity to comment on the contents of the relevant document, as required by section 424A of the Act. The applicant contended that the AAT's failure to provide sufficient disclosure and seek comments on the section 438 certificate constituted a denial of procedural fairness, thereby vitiating the Tribunal's decision.

Judge Driver reasoned that the certificate issued under section 438 of the *Migration Act* was not a document that required disclosure under section 424A. The court found that section 424A applies to "relevant documents" that are the subject of the review, and that a section 438 certificate, in this context, did not fall within that category. Therefore, the AAT was not obliged to disclose the certificate to the applicant and seek their comments on it. The court concluded that no jurisdictional error had occurred.

The application for judicial review was dismissed.