AYT18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 597

AYT18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 597

The Authority acted unreasonably within the meaning of Li in not exercising its statutory power under s 473DC of the Migration Act 1958 (Cth) to obtain a response from the applicant in relation to a new adverse credibility finding based on the 2017 Individual Register Document—an issue not raised before the delegate—thereby falling into jurisdictional error that was material as it may have affected the Authority's overall assessment of credibility and the outcome.

Parties
First Appellant: AYT18; Second Appellant: AYU18; Third Appellant: AYV18; Fourth Appellant: AYW18; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
04 June 2021
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Protection Visas, Judicial Review, Jurisdictional Error, Administrative Decision Making, Credibility Assessment, Unreasonableness in Administrative Law
Migration Law Administrative Law Protection Visas Judicial Review Jurisdictional Error Administrative Decision Making Credibility Assessment Unreasonableness in Administrative Law

Case Brief

Summary, issues, holding and outcome

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Parties

AYT18

First Appellant

AYU18

Second Appellant

AYV18

Third Appellant

AYW18

Fourth Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Immigration Assessment Authority committed jurisdictional error by unreasonably failing to consider exercising its power or get new information under s 473DC of the Migration Act 1958 (Cth)
  2. 2 Whether the Authority's adverse credibility finding was procedurally fair where new factual bases were relied upon not raised before the delegate and not put to the applicant

Ratio Decidendi

The Authority acted unreasonably within the meaning of Li in not exercising its statutory power under s 473DC of the Migration Act 1958 (Cth) to obtain a response from the applicant in relation to a new adverse credibility finding based on the 2017 Individual Register Document—an issue not raised before the delegate—thereby falling into jurisdictional error that was material as it may have affected the Authority's overall assessment of credibility and the outcome.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Paragraphs 3 and 4 of the orders of the primary judge set aside; in lieu thereof: