FGI18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 57

FGI18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 57

The IAA's reasons, read fairly and without over-zealous scrutiny, showed that it considered the new information in the first appellant's statutory declaration against s 473DD(b)(ii). Its expression of doubts about the genuineness of the new and complete LTTE information amounted to a finding that the information was not credible personal information. The IAA had summarised the declaration and addressed it as a whole, and it was not required to use the precise statutory language or the phrase capable of being believed. The primary judge therefore did not err in finding that the IAA appropriately assessed the new information against s 473DD.

Jurisdiction
Australia
Judgment Date
04 February 2022
Procedural Posture
Migration Appeal From Refusal of Judicial Review / Appeal From Federal Circuit Court Decision Dismissing Judicial Review of Immigration Assessment Authority Decision
Outcome
Appeal dismissed with costs.
Legal Topics
['safe Haven Enterprise Visas' 'immigration Assessment Authority Review' 'new Information' 'migration Act 1958 (cth) S 473 Dd' 'credible Personal Information' 'exceptional Circumstances' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['safe Haven Enterprise Visas' 'immigration Assessment Authority Review' 'new Information' 'migration Act 1958 (cth) S 473 Dd' 'credible Personal Information' 'exceptional Circumstances' 'jurisdictional Error']

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Procedural Posture

Migration Appeal From Refusal of Judicial Review / Appeal From Federal Circuit Court Decision Dismissing Judicial Review of Immigration Assessment Authority Decision

Legal Issues

  1. 1 ["Whether the Immigration Assessment Authority failed to complete its statutory task or failed to consider a mandatory consideration by not considering whether new information in the first appellant's statutory declaration satisfied s 473DD(b)(ii) of the Migration Act 1958 (Cth)." "Whether the Immigration Assessment Authority's stated doubts about the genuineness of the new information amounted to a finding that the information was not credible personal information under s 473DD(b)(ii)." 'Whether the primary judge erred in concluding that the Immigration Assessment Authority had performed its statutory duty when declining to consider the new information.']

Ratio Decidendi

The IAA's reasons, read fairly and without over-zealous scrutiny, showed that it considered the new information in the first appellant's statutory declaration against s 473DD(b)(ii). Its expression of doubts about the genuineness of the new and complete LTTE information amounted to a finding that the information was not credible personal information. The IAA had summarised the declaration and addressed it as a whole, and it was not required to use the precise statutory language or the phrase capable of being believed. The primary judge therefore did not err in finding that the IAA appropriately assessed the new information against s 473DD.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed.' "The appellants pay the first respondent's costs, to be agreed or assessed."]