Section 422B of the Migration Act 1958 (Cth) may exclude the [name withheld] disclosure obligation as part of the common law natural justice hearing rule (per [name withheld]), though this is contested (per [name withheld], who considers [name withheld] engages the bias rule not excluded by s 422B). Even if [name withheld] applies, adequate disclosure of the substance of adverse material may be achieved through the delegate's reasons for decision where the applicant had those reasons before the Tribunal hearing. A Tribunal's bare reference to another case with 'similar circumstances' but 'different claims', stated not to have been used adversely, does not without more require disclosure.
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