ABJ17 v Minister for Immigration and Border Protection [2018] FCA 950

ABJ17 v Minister for Immigration and Border Protection [2018] FCA 950

A translation of a document already provided to the delegate does not constitute 'new information' under s 473DC(1) of the Migration Act; the Authority did not err in considering the translation as not new information.

Parties
Appellant: ABJ17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
22 June 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Protection Visa, Merits Review, New Information, Jurisdictional Error
Administrative Law Migration Law Protection Visa Merits Review New Information Jurisdictional Error

Case Brief

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Parties

ABJ17

Appellant

Minister for Immigration and Border Protection

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether an English translation of a document constitutes 'new information' under s 473DC(1) of the Migration Act 1958 (Cth)
  2. 2 Whether the Immigration Assessment Authority erred in treating the translation as not being 'new information'
  3. 3 Whether treating the translation as not 'new information' involves jurisdictional error

Ratio Decidendi

A translation of a document already provided to the delegate does not constitute 'new information' under s 473DC(1) of the Migration Act; the Authority did not err in considering the translation as not new information.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs of and incidental to the appeal.