CED16 v Minister for Immigration and Border Protection [2018] FCA 1451

CED16 v Minister for Immigration and Border Protection [2018] FCA 1451

The Immigration Assessment Authority committed jurisdictional error by treating as confidential and not disclosing to the appellant information covered by an invalid s 473GB certificate, when that information should have been treated as 'new information' under the Migration Act 1958 (Cth), requiring particulars to be given to the appellant. This procedural failure deprived the appellant of a fair opportunity to address the information, vitiating the decision under appeal.

Jurisdiction
Australia
Judgment Date
25 September 2018
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
['protection Visa' 'immigration Assessment Authority' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'statutory Interpretation']
['migration Law' 'administrative Law'] ['protection Visa' 'immigration Assessment Authority' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'statutory Interpretation']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ["Whether the Immigration Assessment Authority erred by treating information under an invalid s 473GB certificate without complying with 'new information' provisions" 'Whether failure to give particulars of new information to the applicant constituted jurisdictional error']

Ratio Decidendi

The Immigration Assessment Authority committed jurisdictional error by treating as confidential and not disclosing to the appellant information covered by an invalid s 473GB certificate, when that information should have been treated as 'new information' under the Migration Act 1958 (Cth), requiring particulars to be given to the appellant. This procedural failure deprived the appellant of a fair opportunity to address the information, vitiating the decision under appeal.

Court Disposition

Appeal allowed

Orders

  • ['The appellant have leave to file and rely on an Amended Notice of Appeal which incorporates Ground 2 of the proposed Amended Notice of Appeal.' 'The appeal be allowed.' "The first respondent pay the appellant's costs of the appeal."]