BCQ16 v Minister for Immigration and Border Protection [2018] FCA 365

BCQ16 v Minister for Immigration and Border Protection [2018] FCA 365

Leave to rely on the new ground was refused because the appellant did not establish that the Authority failed to consider exercising the discretion under s 473GB(3)(b), and in any event neither any assumed failure to consider disclosure nor any decision not to disclose was legally unreasonable. The certified material had been before the delegate, did not introduce a new issue or new approach on review, concerned matters about the appellant's brother already addressed in the delegate's decision, and the Authority's review was otherwise conducted in the manner contemplated by Part 7AA.

Jurisdiction
Australia
Judgment Date
20 March 2018
Procedural Posture
Migration Appeal From Federal Circuit Court Dismissal of Judicial Review of Immigration Assessment Authority Decision Affirming Refusal of Safe Haven Enterprise (subclass 790) Visa / Application for Leave to Rely on New Ground of Appeal; Appeal Dismissed
Outcome
Leave to argue the new ground of appeal refused; appeal dismissed with costs.
Legal Topics
['fast Track Review Process' 'immigration Assessment Authority' 'section 473 GB Certificate' 'disclosure of Confidential or Public Interest Information' 'legal Unreasonableness' 'jurisdictional Error' 'leave to Raise New Ground on Appeal']
['migration' 'administrative Law' 'judicial Review'] ['fast Track Review Process' 'immigration Assessment Authority' 'section 473 GB Certificate' 'disclosure of Confidential or Public Interest Information' 'legal Unreasonableness' 'jurisdictional Error' 'leave to Raise New Ground on Appeal']

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Procedural Posture

Migration Appeal From Federal Circuit Court Dismissal of Judicial Review of Immigration Assessment Authority Decision Affirming Refusal of Safe Haven Enterprise (subclass 790) Visa / Application for Leave to Rely on New Ground of Appeal; Appeal Dismissed

Legal Issues

  1. 1 ['Whether leave should be granted to rely on a ground not advanced before the primary judge.' 'Whether the Immigration Assessment Authority failed to consider exercising its discretion under s 473GB(3)(b) of the Migration Act 1958 (Cth) to disclose certified documents or information to the appellant.' 'Whether any failure to consider exercising the discretion, or any failure to disclose the documents or information, was legally unreasonable and constituted jurisdictional error.']

Ratio Decidendi

Leave to rely on the new ground was refused because the appellant did not establish that the Authority failed to consider exercising the discretion under s 473GB(3)(b), and in any event neither any assumed failure to consider disclosure nor any decision not to disclose was legally unreasonable. The certified material had been before the delegate, did not introduce a new issue or new approach on review, concerned matters about the appellant's brother already addressed in the delegate's decision, and the Authority's review was otherwise conducted in the manner contemplated by Part 7AA.

Court Disposition

Leave to argue the new ground of appeal refused; appeal dismissed with costs.

Orders

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