CCR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 9

CCR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 9

The Immigration Assessment Authority fell into jurisdictional error by failing to exercise its discretion under s 473DC(1) to get country information relevant to the appellant's claim, erroneously confining itself to s 473DD requirements for considering new information, which could have affected the determination of the appellant's protection visa review.

Jurisdiction
Australia
Judgment Date
13 January 2020
Procedural Posture
Appeal / Appeal Decision After Hearing
Outcome
Appeal allowed
Legal Topics
['judicial Review' 'protection Visa' 'jurisdictional Error' 'authority Discretion' 'new Information Under S 473 DC and S 473 Dd']
['administrative Law' 'migration Law'] ['judicial Review' 'protection Visa' 'jurisdictional Error' 'authority Discretion' 'new Information Under S 473 DC and S 473 Dd']

Case Brief

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Procedural Posture

Appeal / Appeal Decision After Hearing

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority committed jurisdictional error by failing to exercise discretion to get new information under s 473DC(1) of the Migration Act 1958' 'Interaction between s 473DC and s 473DD of the Migration Act' 'Whether reliance only on s 473DD to prohibit consideration of new country information amounted to jurisdictional error']

Ratio Decidendi

The Immigration Assessment Authority fell into jurisdictional error by failing to exercise its discretion under s 473DC(1) to get country information relevant to the appellant's claim, erroneously confining itself to s 473DD requirements for considering new information, which could have affected the determination of the appellant's protection visa review.

Court Disposition

Appeal allowed

Orders

  • ["The name of the first respondent is amended to 'Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs'." 'The appeal is allowed.' 'Paragraphs 2 and 3 of the orders of the Federal Circuit Court of Australia made on 19 March 2019 are set aside.' 'The decision of the Immigration Assessment...