CNY17 v Minister for Immigration and Border Protection [2019] HCA 50

CNY17 v Minister for Immigration and Border Protection [2019] HCA 50

A majority of the High Court held that the provision by the Secretary of irrelevant and prejudicial material to the Immigration Assessment Authority, which the Authority was required to consider and in respect of which the applicant had no opportunity to respond, gave rise to a reasonable apprehension of bias. This constituted a breach of procedural fairness and jurisdictional error, necessitating quashing of the Authority's decision and remittal for fresh consideration.

Parties
Appellant: CNY17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Anor
Jurisdiction
Australia
Judgment Date
13 December 2019
Procedural Posture
Appeal / Appeal From the Full Court of the Federal Court of Australia to the High Court of Australia
Outcome
Appeal allowed with costs.
Legal Topics
Apprehended Bias, Procedural Fairness, Judicial Review, Jurisdictional Error, Statutory Interpretation, Review by Immigration Assessment Authority
Immigration Administrative Law Constitutional Law Apprehended Bias Procedural Fairness Judicial Review Jurisdictional Error Statutory Interpretation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

CNY17

Appellant

Minister for Immigration and Border Protection

First Respondent

Anor

Second Respondent

Procedural Posture

Appeal / Appeal From the Full Court of the Federal Court of Australia to the High Court of Australia

Legal Issues

  1. 1 Whether provision of irrelevant and prejudicial material by the Secretary to the Immigration Assessment Authority gives rise to a reasonable apprehension of bias
  2. 2 Whether non-compliance with s 473CB(1)(c) of the Migration Act 1958 (Cth) is a jurisdictional error justifying relief
  3. 3 Whether the decision of the Immigration Assessment Authority should be quashed and the matter remitted

Ratio Decidendi

A majority of the High Court held that the provision by the Secretary of irrelevant and prejudicial material to the Immigration Assessment Authority, which the Authority was required to consider and in respect of which the applicant had no opportunity to respond, gave rise to a reasonable apprehension of bias. This constituted a breach of procedural fairness and jurisdictional error, necessitating quashing of the Authority's decision and remittal for fresh consideration.

Court Disposition

Appeal allowed with costs.

Orders

  • Appeal allowed with costs.
  • Set aside orders 1 and 2 made by the Full Court of the Federal Court of Australia on 21 September 2018 and order 1 made by the Full Court of the Federal Court of Australia on 12 October 2018.