EVU17 v Minister for Immigration and Border Protection [2023] FCA 1201

EVU17 v Minister for Immigration and Border Protection [2023] FCA 1201

The primary judge did not make any finding about compliance with s 424AA because the argument was not raised before him, and he was under no obligation to identify and resolve arguments that had not been raised. Leave to raise the s 424AA arguments for the first time on appeal was refused because the arguments lacked sufficient merit: the BNP Information was favourable country information and was not a reason, or part of a reason, for affirming the delegate's decision; the Document Fraud Information was general country information about the prevalence of document fraud and was not specifically about the first appellant, so no procedural obligation arose under s 424AA. The appeal was...

Jurisdiction
Australia
Judgment Date
11 October 2023
Procedural Posture
Appeal From an Order Dismissing an Application for Judicial Review of a Migration Decision / Appeal
Outcome
Appeal dismissed; leave to raise new arguments based on s 424AA of the Migration Act 1958 (Cth) refused.
Legal Topics
['protection Visas' 'judicial Review' 'jurisdictional Error' 'migration Act 1958 (cth) S 424 Aa' 'country Information' 'document Fraud Information' 'leave to Raise New Argument on Appeal']
['migration' 'administrative Law' 'procedural Fairness'] ['protection Visas' 'judicial Review' 'jurisdictional Error' 'migration Act 1958 (cth) S 424 Aa' 'country Information' 'document Fraud Information' 'leave to Raise New Argument on Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From an Order Dismissing an Application for Judicial Review of a Migration Decision / Appeal

Legal Issues

  1. 1 ['Whether the primary judge erred in failing to find that the Administrative Appeals Tribunal breached s 424AA of the Migration Act 1958 (Cth).' "Whether the appellants should have leave to raise arguments about the Tribunal's alleged breach of s 424AA for the first time on appeal." "Whether the BNP Information and Document Fraud Information were information to which the Tribunal's obligations under s 424AA applied."]

Ratio Decidendi

The primary judge did not make any finding about compliance with s 424AA because the argument was not raised before him, and he was under no obligation to identify and resolve arguments that had not been raised. Leave to raise the s 424AA arguments for the first time on appeal was refused because the arguments lacked sufficient merit: the BNP Information was favourable country information and was not a reason, or part of a reason, for affirming the delegate's decision; the Document Fraud Information was general country information about the prevalence of document fraud and was not specifically about the first appellant, so no procedural obligation arose under s 424AA. The appeal was...

Court Disposition

Appeal dismissed; leave to raise new arguments based on s 424AA of the Migration Act 1958 (Cth) refused.

Orders

  • ['The appeal is dismissed.']