ALJ18 v Minister for Home Affairs [2020] FCA 491

ALJ18 v Minister for Home Affairs [2020] FCA 491

The appeal was dismissed because the Authority did not make the error identified in CSR16: its statement that the appellant's failure to raise the claims earlier raised questions about credibility did not amount to a finding that the claims were untrue. The Authority also did not treat mere non-disclosure as sufficient or conflate s 473DD(b)(i) and s 473DD(b)(ii); it briefly explained why the appellant could and should have told the delegate about the matters and why the content of the new narrative was not capable of being accepted as true. In any event, the Authority was not satisfied that exceptional circumstances justified considering the new information under s 473DD(a), that...

Jurisdiction
Australia
Judgment Date
20 April 2020
Procedural Posture
Migration Appeal From Federal Circuit Court Dismissal of Judicial Review Application / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'safe Haven Enterprise Visa' 'fast Track Reviewable Decision' 'immigration Assessment Authority' 'new Information' 'credible Personal Information' 'judicial Review' 'jurisdictional Error' 'costs']
['migration Law' 'administrative Law'] ['protection Visa' 'safe Haven Enterprise Visa' 'fast Track Reviewable Decision' 'immigration Assessment Authority' 'new Information' 'credible Personal Information' 'judicial Review' 'jurisdictional Error' 'costs']

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Procedural Posture

Migration Appeal From Federal Circuit Court Dismissal of Judicial Review Application / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the Immigration Assessment Authority misconstrued or misapplied s 473DD of the Migration Act 1958 (Cth) when it found that the appellant's new information was not credible personal information." 'Whether the Authority impermissibly treated non-disclosure of the information to the delegate as sufficient to reject the information under s 473DD(b)(ii).' 'Whether any error concerning s 473DD(b)(ii) affected the appeal where the Authority was also not satisfied that exceptional circumstances existed under s 473DD(a).']

Ratio Decidendi

The appeal was dismissed because the Authority did not make the error identified in CSR16: its statement that the appellant's failure to raise the claims earlier raised questions about credibility did not amount to a finding that the claims were untrue. The Authority also did not treat mere non-disclosure as sufficient or conflate s 473DD(b)(i) and s 473DD(b)(ii); it briefly explained why the appellant could and should have told the delegate about the matters and why the content of the new narrative was not capable of being accepted as true. In any event, the Authority was not satisfied that exceptional circumstances justified considering the new information under s 473DD(a), that...

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal, to be fixed by way of a lump sum." "On or before 4 pm on 20 May 2020, the parties file any agreed proposed minute of orders fixing a lump sum in relation to the first respondent's costs." "In the absence of any agreement...