BRA16 v Minister for Immigration and border Protection [2018] FCA 127

BRA16 v Minister for Immigration and border Protection [2018] FCA 127

The appeal was dismissed because the appellant's grounds and particulars did not identify any appealable error by the primary judge. In any event, the Immigration Assessment Authority considered the statutory requirements for new information under s 473DD, was not satisfied that exceptional circumstances justified considering the country information, and the general country information was not personal information. Since both limbs of s 473DD had to be satisfied, any alleged error concerning s 473DD(b) would not be jurisdictional given the adverse finding under s 473DD(a).

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Migration Appeal / Appeal From a Federal Circuit Court Judgment Dismissing an Application for Judicial Review of an Immigration Assessment Authority Decision
Outcome
Appeal dismissed with costs.
Legal Topics
['safe Haven Enterprise (class Xe) (subclass 790) Visa' 'fast Track Reviewable Decision' 'immigration Assessment Authority' 'new Information Under S 473 Dd' 'jurisdictional Error' 'country Information' 'complementary Protection']
['migration' 'administrative Law'] ['safe Haven Enterprise (class Xe) (subclass 790) Visa' 'fast Track Reviewable Decision' 'immigration Assessment Authority' 'new Information Under S 473 Dd' 'jurisdictional Error' 'country Information' 'complementary Protection']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From a Federal Circuit Court Judgment Dismissing an Application for Judicial Review of an Immigration Assessment Authority Decision

Legal Issues

  1. 1 ["Whether the primary judge fell into appealable error in dismissing the appellant's claim that the Immigration Assessment Authority had fallen into jurisdictional error." "Whether the Immigration Assessment Authority failed to consider all integers of the appellant's claims, including country information and material provided to it." 'Whether the Immigration Assessment Authority misconstrued or misapplied s 473DD of the Migration Act 1958 (Cth) in refusing to consider new country information.']

Ratio Decidendi

The appeal was dismissed because the appellant's grounds and particulars did not identify any appealable error by the primary judge. In any event, the Immigration Assessment Authority considered the statutory requirements for new information under s 473DD, was not satisfied that exceptional circumstances justified considering the country information, and the general country information was not personal information. Since both limbs of s 473DD had to be satisfied, any alleged error concerning s 473DD(b) would not be jurisdictional given the adverse finding under s 473DD(a).

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal, to be taxed if not agreed."]