Tribunal must put adverse information to the client

Ray Turner Immigration Lawyers has succeeded in the Federal Circuit and Family Court of Australia (Division 2) in a protection visa appeal against the Administrative Appeals Tribunal. In this case, the Tribunal had failed to put information to the Applicant that was the reason or part of the reason for rejecting, denying and undermining the Applicant’s claims for protection.

The Tribunal is required by law under section 424AA of the Migration Act 1958 (Cth) to put information to the Applicant for comment, if that information would be the reason or part of the reason for finding against the Applicant. We were able to prove that the information was adverse to our client and should have been put to them for comment according to section 424AA of the Act.

This case highlights the importance of understanding the law and having legal representation when dealing with the Administrative Appeals Tribunal as adverse information must be put to the Applicant if this could be a reason for denying the Applicant’s visa.