CKG16 v Minister for Immigration and Border Protection [2018] FCA 362

CKG16 v Minister for Immigration and Border Protection [2018] FCA 362

Leave was refused and the application dismissed because the applicant had notice of the show cause hearing, was represented by counsel, relied on an amended application and written submissions, and produced no evidence that the Federal Circuit Court dealt with the matter unfairly. The proposed ground based on s 473DE was not arguable because the DFAT country information concerning document fraud was before the delegate and, in any event, was country information about a class of persons rather than information specifically about the applicant, so the Authority was not required to notify him of how it proposed to use it. The other ground was foreclosed by SZTAL. The applicant did not show...

Jurisdiction
Australia
Judgment Date
27 February 2018
Procedural Posture
Application for Leave to Appeal From Summary Dismissal of an Application for Constitutional Writ Relief in a Migration Protection Visa Matter / Federal Court Application for Leave to Appeal From Federal Circuit Court Decision
Outcome
Application dismissed with costs.
Legal Topics
['fast Track Reviewable Decision' 'immigration Assessment Authority' 'new Information' 'country Information' 'summary Dismissal' 'leave to Appeal' 'jurisdictional Error']
['administrative Law' 'migration Law' 'procedural Fairness'] ['fast Track Reviewable Decision' 'immigration Assessment Authority' 'new Information' 'country Information' 'summary Dismissal' 'leave to Appeal' 'jurisdictional Error']

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Procedural Posture

Application for Leave to Appeal From Summary Dismissal of an Application for Constitutional Writ Relief in a Migration Protection Visa Matter / Federal Court Application for Leave to Appeal From Federal Circuit Court Decision

Legal Issues

  1. 1 ['Whether the Federal Circuit Court denied procedural fairness or wrongly exercised power under r 44.12 of the Federal Circuit Court Rules 2001 by summarily dismissing the amended application at the show cause hearing.' 'Whether the Immigration Assessment Authority was required under s 473DE of the Migration Act 1958 (Cth) to notify the applicant of country information about document fraud in Sri Lanka before relying on it.' 'Whether the proposed appeal satisfied the requirements for leave to appeal.']

Ratio Decidendi

Leave was refused and the application dismissed because the applicant had notice of the show cause hearing, was represented by counsel, relied on an amended application and written submissions, and produced no evidence that the Federal Circuit Court dealt with the matter unfairly. The proposed ground based on s 473DE was not arguable because the DFAT country information concerning document fraud was before the delegate and, in any event, was country information about a class of persons rather than information specifically about the applicant, so the Authority was not required to notify him of how it proposed to use it. The other ground was foreclosed by SZTAL. The applicant did not show...

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs."]