Full Federal Court Explains When Illogicality is a Jurisdictional Error

MIGRATION – judicial review decision of the Refugee Review Tribunal under Migration Act 1958 (Cth) – Tribunal’s obligation to give reasons for decision under s 430(1) – circumstances in which illogicality or irrationality will amount to jurisdictional error – significance of reasons in determining if decision affected by illogicality or irrationality – where reasons relied in part on an anonymous ‘dob-in’ letter containing unverified assertions about the truthfulness of the appellant’s claims.

Held – no illogicality or irrationality sufficient to give rise to jurisdictional error if decision one at which logical or rational person could arrive on same material, if there was some evidence before Tribunal on which decision could be based – lack of logic or rationality in the decision making process, as disclosed by reasons for decision does not of itself give rise to reviewable error – Tribunal reached conclusion that appellant’s claims were untruthful independently of anonymous letter – Tribunal’s reliance on letter was separate ground – not a jurisdictional error: appeal dismissed.