QAAC of 2004 v Refugee Review Tribunal

[2005] FCAFC 92

Full Court of the Federal Court

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Immigration
2. › Refugees
3. › Review of protection visa decision
4. › Refugee Review Tribunal
5. › Obligation to disclose information
6. › Country information
7. › Whether s 424A(3)(a) exception applies to country information
8. › Migration Act 1958 (Cth), ss 422B, 424A
1. Practice and Procedure
2. › Precedent
3. › Full Federal Court
4. › Stare decisis
5. › Whether fourth Full Court should reconsider construction adopted by two previous Full Courts and affirmed by a third
6. › When reconsideration should be left to the High Court

Quick Take

The construction of s 424A(3)(a) of the Migration Act 1958 (Cth) — that country information not specifically about the applicant falls within the exception and need not be disclosed — is authoritatively settled at the Full Federal Court level and will not be reconsidered absent High Court intervention. A fourth Full Court will not reconsider a construction adopted by two previous Full Courts and affirmed by a third.