Section 230 — Immigration Act 2009: Tribunal must disclose prejudicial information

230 Tribunal must disclose prejudicial information (1) Except as provided in subsection (3), the Tribunal must disclose to the appellant or affected person, and give the appellant or affected person an opportunity to rebut or comment on, information or material that— (a) is provided to the Tribunal by a source other than the appellant or affected person; and (b) is or may be prejudicial to the appellant or affected person; and (c) the Tribunal intends to take into account in determining the appeal or matter. (2) The Tribunal must set a reasonable time within which the appellant or affected person may rebut or comment on the information or material. (3) Subsection (1) does not require the Tribunal to disclose any information or material if— (a) the disclosure would be likely to endanger the safety of any person; or (b) it is classified information that the Tribunal must keep confidential and must not disclose under section 259 . (4) The Tribunal must, however, notify the appellant or affected person of the fact of any non-disclosure on the grounds specified in subsection (3). Compare: 1987 No 74 s 18F(7)–(9)