The Federal Court held that the Tribunal's s 359A invitation letter, which identified that the appellant had been reported for driving unauthorised on a specific date and explained why the information was relevant, provided sufficiently clear particulars to comply with s 359A(1)(a) of the Migration Act, notwithstanding that additional details about the circumstances of the driving incident were not disclosed. The Court emphasised that s 359A(1)(a) requires particulars sufficient to enable the applicant to understand the adverse information and respond to it, not the provision of all information that might be relevant to possible strategic responses. Leave to amend the notice of appeal to raise the new s 359A ground was refused on the basis that the proposed ground lacked sufficient merit, applying the VUAX framework.
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