CUP16 v Minister for Immigration and Border Protection [2019] FCA 1120

CUP16 v Minister for Immigration and Border Protection [2019] FCA 1120

The IAA's finding that the information about the appellant's uncle's high-ranking LTTE involvement was a 'known but previously undisclosed claim' was not open on the material, and its failure properly to engage with the distinction between suspicion and knowledge about the uncle's role constituted a jurisdictional error in rejecting consideration of new information. Accordingly, the decision was made in error and should be set aside.

Parties
Appellant: CUP16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
22 July 2019
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Procedural Fairness, Jurisdictional Error, Migration Review, Exceptional Circumstances, New Information, Safe Haven Enterprise Visa
Administrative Law Migration Law Judicial Review Procedural Fairness Jurisdictional Error Migration Review Exceptional Circumstances New Information +1 more

Case Brief

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Parties

CUP16

Appellant

Minister for Immigration and Border Protection

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Immigration Assessment Authority (IAA) made a jurisdictional error in refusing to consider new information provided by the appellant's migration agent under s 473DD of the Migration Act 1958 (Cth)
  2. 2 Whether the IAA failed to properly address the appellant's claims and evidence concerning his uncle's involvement with the LTTE
  3. 3 Whether the IAA committed jurisdictional error in addressing claims regarding detention and prison conditions upon return to Sri Lanka

Ratio Decidendi

The IAA's finding that the information about the appellant's uncle's high-ranking LTTE involvement was a 'known but previously undisclosed claim' was not open on the material, and its failure properly to engage with the distinction between suspicion and knowledge about the uncle's role constituted a jurisdictional error in rejecting consideration of new information. Accordingly, the decision was made in error and should be set aside.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.
  • The order made by the Federal Circuit Court on 20 October 2017 is set aside.