Suppose you have a client who has posted material on her/his Facebook page that appears to contradict or be inconsistent with a claim made in the client’s visa application.
Suppose further that the Tribunal makes a decision in which it relies on what is said in the Facebook page as the reason, or part of the reason, for affirming the refusal of the visa application.
Does the Tribunal in this circumstance have a “procedural fairness” obligation under either sections 424A and 424AA of the Migration Act (in the case of applications for Protection visas) or otherwise under sections 359A and 359AA in the case of other kinds of visa applications to give the applicant clear particulars of any information on the Facebook page, invite the applicant to comment or respond, and notify the applicant that she/he may seek additional time to do so?
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