ou are a newly admitted lawyer with your first job at Sturt Law in the Migration section. You, together with your supervising partner, have had an initial interview with a new client, Mr Brown.

Your supervising partner requires you to prepare a legal memorandum for the file which reports on the meeting and advising of Mr Brown's legal prospects.

Mr Brown is a 32-year-old man from South Africa. He arrived in Australia on 5 August 2020. Mr Brown fears for his safety in South Africa and cannot return. He instructed that his mother was killed by the government and his sister and brother were kidnapped. He is sure the same will happen to him if he returns to South Africa. He does not have any documents to prove this but he is willing to give evidence about these threats.

Mr Brown applied for a protection visa on 1 January 2021. The protection visa was refused under the Migration Act 1958 (Cth).

Mr Brown was not satisfied with this decision and so on 20 January 2021, he sought a review by the Administrative Appeals Tribunal.

On 6 June 2021, Mr Brown appeared before a Tribunal (AAT) that was constituted by Ms Carr. Member Carr affirmed the initial delegate's decision to refuse the protection visa. For some reason, this decision by Member Carr was set aside and the decision was remitted to another tribunal that was constituted by a different member, Ms Jones. Member Jones affirmed the decision by Member Carr and the protection visa was refused.

Mr Brown is very upset. He instructs that he is in danger. He says that the decision of Ms Jones copied most of the decision of Ms Carr and so she did not turn an independent mind to the decision. Mr Brown remembers that section 424A of the Migration Act 1958 (Cth) was mentioned but he is not sure what it means.

You read the judgment and find that the tribunal had copied much of the report of Ms Carr, including highly controversial information that was specific to Mr Brown, including what happened to his mother and sibling. Mr Brown was not able to give evidence before Member Jones and so this information is copied from Ms Carr's report.

Furthermore, you find that whole sections about South Africa's history and current circumstances had been copied from the first judgment.

Mr Brown wants to engage you to see what can be done (if anything) to prevent him being deported as he is terrified to go back to South Africa.

Please consider in your memorandum the following questions:

1. Was Mr Brown initially entitled to bring an action to the Administrative Appeals Tribunal for review of a decision under the Migration Act 1958 (Cth)? What is the authority for this reasoning?