EJK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 713

EJK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 713

The appeal was dismissed because the IAA's conceded error in applying s 473DD of the Migration Act to new information was not material in the sense required for jurisdictional error, as there was no realistic possibility that proper consideration of the new information would have resulted in a different substantive decision to refuse the visas.

Parties
First Appellant: EJK18; Second Appellant: EJL18; Third Appellant: EJM18; Fourth Appellant: EJN18; Fifth Appellant: EJO18; Sixth Appellant: EJP18; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
22 June 2022
Procedural Posture
Migration Appeal / Appeal From Federal Circuit Court to Federal Court
Outcome
Appeal dismissed
Legal Topics
Jurisdictional Error, Immigration Assessment Authority, Safe Haven Enterprise Visa, Materiality of Error, Judicial Review
Administrative Law Migration Law Jurisdictional Error Immigration Assessment Authority Safe Haven Enterprise Visa Materiality of Error Judicial Review

Case Brief

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Parties

EJK18

First Appellant

EJL18

Second Appellant

EJM18

Third Appellant

EJN18

Fourth Appellant

EJO18

Fifth Appellant

EJP18

Sixth Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Migration Appeal / Appeal From Federal Circuit Court to Federal Court

Legal Issues

  1. 1 Whether the Immigration Assessment Authority erred in applying s 473DD of the Migration Act 1958 to new information
  2. 2 Whether the error was material and constituted jurisdictional error

Ratio Decidendi

The appeal was dismissed because the IAA's conceded error in applying s 473DD of the Migration Act to new information was not material in the sense required for jurisdictional error, as there was no realistic possibility that proper consideration of the new information would have resulted in a different substantive decision to refuse the visas.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellants pay the first respondent's costs of the appeal.