BVD17 v Minister for Immigration and Border Protection [2019] HCA 34

BVD17 v Minister for Immigration and Border Protection [2019] HCA 34

Section 473DA(1) of the Migration Act 1958 (Cth) precludes any implied obligation of procedural fairness requiring disclosure to a referred applicant of the fact of notification under s 473GB(2)(a); the statutory regime codifies exhaustively the requirements of the natural justice hearing rule for the Immigration Assessment Authority, and no further obligations arise by implication from the common law.

Parties
Appellant: BVD17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Anor
Jurisdiction
Australia
Judgment Date
09 October 2019
Procedural Posture
Appeal / High Court of Australia Judgment on Appeal From Full Court of the Federal Court
Outcome
Appeal dismissed with costs.
Legal Topics
Procedural Fairness, Natural Justice Hearing Rule, Judicial Review, Migration Act 1958 (cth), Pt 7 AA
Immigration Law Administrative Law Procedural Fairness Natural Justice Hearing Rule Judicial Review Migration Act 1958 (cth), Pt 7 AA

Case Brief

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Parties

BVD17

Appellant

Minister for Immigration and Border Protection

First Respondent

Anor

Second Respondent

Procedural Posture

Appeal / High Court of Australia Judgment on Appeal From Full Court of the Federal Court

Legal Issues

  1. 1 Whether procedural fairness requires the Immigration Assessment Authority to disclose to a referred applicant the fact of notification under s 473GB(2)(a) of the Migration Act 1958 (Cth)
  2. 2 Whether there is an implied obligation of procedural fairness beyond the codified requirements in Div 3, s 473GA, and s 473GB of Pt 7AA of the Migration Act
  3. 3 Whether the Authority failed to consider exercising the discretion under s 473GB(3)(b)

Ratio Decidendi

Section 473DA(1) of the Migration Act 1958 (Cth) precludes any implied obligation of procedural fairness requiring disclosure to a referred applicant of the fact of notification under s 473GB(2)(a); the statutory regime codifies exhaustively the requirements of the natural justice hearing rule for the Immigration Assessment Authority, and no further obligations arise by implication from the common law.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.