BWO18 v Minister for Home Affairs [2020] FCA 329

BWO18 v Minister for Home Affairs [2020] FCA 329

The information relied on by the IAA was not "new information" because it was contained in country information documents cited in footnotes to the delegate's decision and was physically before the delegate. The statutory phrase "before the Minister" does not require proof that the delegate read or discussed each particular passage later relied on by the IAA. Since the material was not new information, the IAA was not required to apply s 473DD or provide particulars and invite comment under s 473DE. The FCC therefore did not err in dismissing the judicial review grounds, and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
13 March 2020
Procedural Posture
Migration Appeal From the Federal Circuit Court Dismissing an Application for Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Safe Haven Enterprise Visa / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['safe Haven Enterprise Visa' 'fast Track Review' 'immigration Assessment Authority' 'new Information' 'jurisdictional Error' 'natural Justice Hearing Rule']
['migration Law' 'administrative Law'] ['safe Haven Enterprise Visa' 'fast Track Review' 'immigration Assessment Authority' 'new Information' 'jurisdictional Error' 'natural Justice Hearing Rule']

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Procedural Posture

Migration Appeal From the Federal Circuit Court Dismissing an Application for Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Safe Haven Enterprise Visa / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether information contained in documents cited in footnotes to the delegate\'s reasons, but not mentioned, discussed or considered in detail in those reasons, was "new information" under s 473DC of the Migration Act 1958 (Cth).' 'Whether the Immigration Assessment Authority was required to consider the criteria in s 473DD before relying on passages in the footnoted country information.' 'Whether the Immigration Assessment Authority was required under s 473DE to give particulars of the information to the appellant and invite comment.']

Ratio Decidendi

The information relied on by the IAA was not "new information" because it was contained in country information documents cited in footnotes to the delegate's decision and was physically before the delegate. The statutory phrase "before the Minister" does not require proof that the delegate read or discussed each particular passage later relied on by the IAA. Since the material was not new information, the IAA was not required to apply s 473DD or provide particulars and invite comment under s 473DE. The FCC therefore did not err in dismissing the judicial review grounds, and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

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