DEL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1679

DEL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1679

The new country information considered by the Authority was generic and not specifically about the appellant; therefore, under s 473DE(3)(a) of the Migration Act 1958 (Cth), the Authority was not required to invite the appellant to comment or make oral submissions on that information. No denial of procedural fairness occurred.

Jurisdiction
Australia
Judgment Date
28 November 2023
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit and Family Court of Australia
Outcome
Appeal dismissed
Legal Topics
['procedural Fairness' 'judicial Review' 'use of New Information in Migration Decisions' 'statutory Interpretation']
['administrative Law' 'migration Law'] ['procedural Fairness' 'judicial Review' 'use of New Information in Migration Decisions' 'statutory Interpretation']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit and Family Court of Australia

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority denied the appellant procedural fairness by failing to allow oral submissions on new country information under ss 473DC, 473DD, and 473DE of the Migration Act 1958 (Cth)' 'Whether the Authority relied on information specifically concerning the appellant requiring an invitation to comment under s 473DE(1)(c)' 'Whether it was lawful for the Authority to act on the new country information without giving the visa applicant an opportunity to comment']

Ratio Decidendi

The new country information considered by the Authority was generic and not specifically about the appellant; therefore, under s 473DE(3)(a) of the Migration Act 1958 (Cth), the Authority was not required to invite the appellant to comment or make oral submissions on that information. No denial of procedural fairness occurred.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs as fixed in a lump sum by a Registrar if not agreed."]