CZC19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1083

CZC19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1083

Information known to a delegate from determination of another person's application (even a close relative) does not constitute information 'before the Minister' for the purposes of s 473DC(1) of the Migration Act unless it was actually presented or relied upon in the applicant's own visa application. The appeal therefore fails because the relevant information about the appellant's brother was not before the Minister in the appellant's case and the Immigration Assessment Authority acted within the statutory limits in treating it as 'new information'.

Jurisdiction
Australia
Judgment Date
10 September 2021
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'immigration Assessment Authority' 'protection Visas' 'new Information Under Migration Act 1958 (cth)' 'materiality and Jurisdictional Error']
['migration Law' 'administrative Law'] ['judicial Review' 'immigration Assessment Authority' 'protection Visas' 'new Information Under Migration Act 1958 (cth)' 'materiality and Jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ["Whether information about appellant's brother's claims, known to delegate, constituted 'new information' under s 473DC(1) of the Migration Act 1958 (Cth) in appellant's protection visa review" "Whether the delegate's awareness of information from a related visa application makes that information 'before the Minister' for Migration Act purposes" "Whether the Secretary was required to provide the recording of the brother's interview to the IAA as relevant review material" 'Whether any alleged error in excluding the information was material and thus a jurisdictional error']

Ratio Decidendi

Information known to a delegate from determination of another person's application (even a close relative) does not constitute information 'before the Minister' for the purposes of s 473DC(1) of the Migration Act unless it was actually presented or relied upon in the applicant's own visa application. The appeal therefore fails because the relevant information about the appellant's brother was not before the Minister in the appellant's case and the Immigration Assessment Authority acted within the statutory limits in treating it as 'new information'.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs."]