CMP19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 634

CMP19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 634

The appellant did not establish that the Authority failed to consider exercising its discretion under s 473DC to obtain new information. The statement that no further information had been obtained or received gave some indication that the Authority had turned its mind to the matter, and the Authority was not required to give reasons for the non-exercise of that procedural power. In any event, it was not legally unreasonable for the Authority not to seek further information about the appellant's wife's medical costs, family expenses, employment prospects, potential income or capacity to subsist. The appellant had been told it was his responsibility to provide evidence, had raised those...

Jurisdiction
Australia
Judgment Date
01 June 2022
Procedural Posture
Migration Appeal From a Judgment Dismissing an Application for Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court of Australia From the Federal Circuit Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'immigration Assessment Authority' 'fast Track Review' 'new Information' 'legal Unreasonableness' 'jurisdictional Error' 'modification of Behaviour to Avoid Persecution' 'capacity to Subsist']
['migration Law' 'administrative Law' 'judicial Review'] ['protection Visa' 'immigration Assessment Authority' 'fast Track Review' 'new Information' 'legal Unreasonableness' 'jurisdictional Error' 'modification of Behaviour to Avoid Persecution' 'capacity to Subsist']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority acted unreasonably by failing to exercise its discretion under s 473DC of the Migration Act 1958 (Cth) to get new information from the appellant or his representative.' 'Whether the Immigration Assessment Authority failed to consider whether to exercise its discretion under s 473DC of the Migration Act 1958 (Cth) to get new information.' "Whether the primary judge erred by not finding jurisdictional error in the Authority's decision." "Whether the primary judge failed to deal with the appellant's contention that the Authority unreasonably failed to consider whether to exercise its discretion under s 473DC."]

Ratio Decidendi

The appellant did not establish that the Authority failed to consider exercising its discretion under s 473DC to obtain new information. The statement that no further information had been obtained or received gave some indication that the Authority had turned its mind to the matter, and the Authority was not required to give reasons for the non-exercise of that procedural power. In any event, it was not legally unreasonable for the Authority not to seek further information about the appellant's wife's medical costs, family expenses, employment prospects, potential income or capacity to subsist. The appellant had been told it was his responsibility to provide evidence, had raised those...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Leave be granted to the appellant to file the amended notice of appeal relied on at the hearing of the appeal on 23 May 2022.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs."]