Applicants Must Be Informed When 375A Certificates Are Issued
There are times when the fate of a visa application can turn on a seemingly complex or obscure legal question.
This is equally true in the case of an application for judicial review of a decision by the Tribunal to affirm the refusal of an application: fine points of law can and do make a difference.
And there are times where the failure of the Tribunal to comply with the requirements of section 359A of the Act to give an applicant “clear particulars of any information that the Tribunal considers would be the reason, or part of the reason, for affirming the decision that is under review”, and to give the applicant an opportunity to comment or respond to the information, can prompt a Court to conclude that the Tribunal has committed jurisdictional error, such that the Tribunal’s decision is “quashed” or overturned.
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