BKY17 v Minister for Immigration and Border Protection [2019] FCA 487

BKY17 v Minister for Immigration and Border Protection [2019] FCA 487

The appeal was dismissed because Pt 7AA, through s 473DA, excludes an SZBEL-style procedural fairness challenge to the Authority's departure from favourable findings made by the delegate; a pure submission about inconsistencies is not "information" for Pt 7AA purposes; and the Authority had no power to seek a further submission from the Appellant about the inconsistencies in his accounts. Accordingly, no legal error was shown in the Authority's failure to ask the Appellant to comment before relying to some extent on those inconsistencies.

Jurisdiction
Australia
Judgment Date
10 April 2019
Procedural Posture
Migration Appeal From the Federal Circuit Court / Appeal From Dismissal of Application for Judicial Review of a Decision of the Immigration Assessment Authority
Outcome
Appeal dismissed.
Legal Topics
['pt 7 AA of the Migration Act 1958 (cth)' 'immigration Assessment Authority Review' 'new Information' 'procedural Fairness Under Szbel' 'legal Unreasonableness' 'credibility Findings']
['migration Law' 'administrative Law' 'procedural Fairness'] ['pt 7 AA of the Migration Act 1958 (cth)' 'immigration Assessment Authority Review' 'new Information' 'procedural Fairness Under Szbel' 'legal Unreasonableness' 'credibility Findings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Appeal From the Federal Circuit Court / Appeal From Dismissal of Application for Judicial Review of a Decision of the Immigration Assessment Authority

Legal Issues

  1. 1 ['Whether the reasoning in SZBEL applies to review by the Immigration Assessment Authority under Pt 7AA of the Migration Act 1958 (Cth).' 'Whether a submission or comment about inconsistencies in evidence is "information" under Pt 7AA.' 'Whether the Authority had power under Pt 7AA to seek submissions from the Appellant about inconsistencies in his accounts.' "Whether the Authority erred by making adverse credit findings about the Appellant's church attendance claim without giving him notice or an opportunity to respond."]

Ratio Decidendi

The appeal was dismissed because Pt 7AA, through s 473DA, excludes an SZBEL-style procedural fairness challenge to the Authority's departure from favourable findings made by the delegate; a pure submission about inconsistencies is not "information" for Pt 7AA purposes; and the Authority had no power to seek a further submission from the Appellant about the inconsistencies in his accounts. Accordingly, no legal error was shown in the Authority's failure to ask the Appellant to comment before relying to some extent on those inconsistencies.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The Appellant pay the First Respondent's costs as taxed or agreed."]