Plaintiff M7/2021 v Minister for Home Affairs [2021] HCA 14 (15 April 2021) (Gordon J)


Catchwords:


Immigration – Refugees – Application for protection visa – Where plaintiff claimed protection on basis of feared persecution in Pakistan on account of homosexuality – Where delegate of defendant refused protection visa – Where delegate found evidence, including “open source social media”, did not support view plaintiff was known homosexual in Pakistan – Where open source social media was “relevant information” within meaning of s 57(1) of Migration Act 1958 (Cth) – Where s 57(2) required defendant to give particulars of “relevant information” to plaintiff to ensure, as far as reasonably practicable, plaintiff understood why it was relevant, and invite plaintiff to comment – Whether defendant failed to comply with s 57(2) by failing to disclose open source social media or provide particulars to enable plaintiff to understand why information was relevant to protection visa application.

Words and phrases – “active group of friends and family”, “depends on the facts and circumstances of the case”, “disclosure of the substance of the relevant information”, “fabricated his claim to be a homosexual”, “give particulars”, “homosexuality”, “open source social media”, “opportunity to meaningfully respond”, “relevant information”, “sexual identity”, “sufficient clarity or specificity”.