AAT’s use of information obtained in one review in another review

In ATP15 v Minister the Full Federal Court divided on whether information obtained in one review could be used in another review, without going through the puttage requirements in s 424A.

Section 424 provides:

Tribunal may seek information

(1)          In conducting the review, the Tribunal may get any information that it considers relevant. However, if the Tribunal gets such information, the Tribunal must have regard to that information in making the decision on the review.

(2)          Without limiting subsection (1), the Tribunal may invite, either orally (including by telephone) or in writing, a person to give information.

(3)          A written invitation under subsection (2) must be given to the person:

(a)          except where paragraph (b) applies–by one of the methods specified in section 441A; or

(b)          if the person is in immigration detention–by a method prescribed for the purposes of giving documents to such a person.

The majority (Tracey and Griffiths JJ) considered that if the Tribunal ‘gets’ information in the course of one review, it is not information that the Tribunal ‘gets’ in the course of another review.  Therefore, even if that evidence would be corroborative of the claims in the second review, the Tribunal is not required to have regard to it: [23].

Not only that, the majority considered that there was no obligation for the Tribunal to provide the second review applicant a copy of the information obtained in the first review: [37].


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