ALR17 v Minister for Home Affairs [2019] FCAFC 182

ALR17 v Minister for Home Affairs [2019] FCAFC 182

The appellants failed to establish any denial of procedural fairness as they did not identify any adverse material on which the IAA relied without giving them opportunity to comment. Pt 7AA, particularly s 473DA, provides an exhaustive statement of the requirements of the natural justice hearing rule for IAA reviews, so the IAA is not required to disclose or invite comment on additional adverse material. No practical injustice was shown and binding authority confirms no wider procedural fairness obligations exist under Pt 7AA.

Jurisdiction
Australia
Judgment Date
18 October 2019
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeals dismissed
Legal Topics
['fast Track Review Process' 'procedural Fairness Under Pt 7 AA of the Migration Act 1958 (cth)' 'obligations of the Immigration Assessment Authority' 'exclusion of Common Law Procedural Fairness' 'requirements of Natural Justice in Statutory Frameworks']
['administrative Law' 'migration Law' 'procedural Fairness'] ['fast Track Review Process' 'procedural Fairness Under Pt 7 AA of the Migration Act 1958 (cth)' 'obligations of the Immigration Assessment Authority' 'exclusion of Common Law Procedural Fairness' 'requirements of Natural Justice in Statutory Frameworks']

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority is obliged by procedural fairness to put adverse matters to referral applicants for comment under Pt 7AA of the Migration Act 1958 (Cth)' 'Whether the statutory scheme excludes such obligation and whether practical injustice occurred absent identification of adverse material']

Ratio Decidendi

The appellants failed to establish any denial of procedural fairness as they did not identify any adverse material on which the IAA relied without giving them opportunity to comment. Pt 7AA, particularly s 473DA, provides an exhaustive statement of the requirements of the natural justice hearing rule for IAA reviews, so the IAA is not required to disclose or invite comment on additional adverse material. No practical injustice was shown and binding authority confirms no wider procedural fairness obligations exist under Pt 7AA.

Court Disposition

Appeals dismissed

Orders

  • ['The appeal in QUD 889 of 2018 is dismissed.' "The appellant in QUD 889 of 2018 is to pay the first respondent's costs, as agreed or taxed." 'The appeal in NSD 883 of 2019 is dismissed.' "The appellants in NSD 883 of 2019 are to pay the first respondent's costs, as agreed or taxed."]