AUF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 222

AUF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 222

The Secretary breached s 473CB(1)(c) of the Migration Act 1958 (Cth) by failing to take reasonable steps to identify and provide to the Immigration Assessment Authority material relevant to the review, specifically the Human Rights Documents. This breach was material as it deprived the Authority of potentially critical corroborative evidence, affecting the Authority's ability to carry out the review required by the legislation and amounting to jurisdictional error.

Jurisdiction
Australia
Judgment Date
10 December 2019
Procedural Posture
Appeal / Judgment on Appeal From the Federal Circuit Court
Outcome
Appeal allowed; judgment of the Federal Circuit Court set aside; matter remitted for reconsideration; parties to file agreed orders on costs and implementation.
Legal Topics
['s 473 Cb(1)(c) Obligation' 'migration Act Pt 7 Aa' 'fast Track Review' 'judicial Review' 'duty to Identify Relevant Materials' 'jurisdictional Error']
['administrative Law' 'migration Law'] ['s 473 Cb(1)(c) Obligation' 'migration Act Pt 7 Aa' 'fast Track Review' 'judicial Review' 'duty to Identify Relevant Materials' 'jurisdictional Error']

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Procedural Posture

Appeal / Judgment on Appeal From the Federal Circuit Court

Legal Issues

  1. 1 ['Whether the Secretary breached s 473CB(1)(c) of the Migration Act 1958 (Cth) by not taking reasonable steps to locate and provide relevant documents to the Immigration Assessment Authority' 'Whether the breach was material and resulted in the Authority failing to carry out the required review, amounting to jurisdictional error']

Ratio Decidendi

The Secretary breached s 473CB(1)(c) of the Migration Act 1958 (Cth) by failing to take reasonable steps to identify and provide to the Immigration Assessment Authority material relevant to the review, specifically the Human Rights Documents. This breach was material as it deprived the Authority of potentially critical corroborative evidence, affecting the Authority's ability to carry out the review required by the legislation and amounting to jurisdictional error.

Court Disposition

Appeal allowed; judgment of the Federal Circuit Court set aside; matter remitted for reconsideration; parties to file agreed orders on costs and implementation.

Orders

  • ["The name of the first respondent be changed to 'Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs'." 'Within seven days, the parties file any agreed minute of orders to give effect to the reasons for judgment and in relation to costs (both of the proceeding at first instance and the...