DGT17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 552

DGT17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 552

The Delegate's Decision expressly referred to material relating to the appellant's family members, but that material was not provided to the Immigration Assessment Authority. The Secretary could not reasonably have determined that the material was not relevant. The breach of s 473CB(1)(c) was material because, had the missing material been received and considered, it was possible that the Authority's decision might have been different. The Authority's decision was therefore affected by jurisdictional error, requiring the appeal to be allowed and the review remitted for redetermination according to law.

Jurisdiction
Australia
Judgment Date
30 May 2023
Procedural Posture
Migration Appeal From the Federal Circuit and Family Court of Australia (division 2) Concerning Judicial Review of an Immigration Assessment Authority Decision / Appeal Determined on the Papers; Orders Made by Consent
Outcome
Appeal allowed by consent; Federal Circuit and Family Court orders set aside; Immigration Assessment Authority decision quashed; matter remitted to the Immigration Assessment Authority for determination according to law; costs ordered in favour of the appellant.
Legal Topics
['fast Track Review' 'temporary Protection Visa' 'judicial Review' 'jurisdictional Error' 'review Material Under S 473 Cb(1)(c) of the Migration Act 1958 (cth)' 'consent Orders']
['migration Law' 'administrative Law'] ['fast Track Review' 'temporary Protection Visa' 'judicial Review' 'jurisdictional Error' 'review Material Under S 473 Cb(1)(c) of the Migration Act 1958 (cth)' 'consent Orders']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Appeal From the Federal Circuit and Family Court of Australia (division 2) Concerning Judicial Review of an Immigration Assessment Authority Decision / Appeal Determined on the Papers; Orders Made by Consent

Legal Issues

  1. 1 ['Whether the appellant should be granted leave to rely on new grounds of appeal.' "Whether the Immigration Assessment Authority's decision was affected by jurisdictional error because the Secretary failed to provide protection files of the appellant's family members under s 473CB(1)(c) of the Migration Act 1958 (Cth)." 'Whether the breach of s 473CB(1)(c) was material to the review conducted by the Immigration Assessment Authority.']

Ratio Decidendi

The Delegate's Decision expressly referred to material relating to the appellant's family members, but that material was not provided to the Immigration Assessment Authority. The Secretary could not reasonably have determined that the material was not relevant. The breach of s 473CB(1)(c) was material because, had the missing material been received and considered, it was possible that the Authority's decision might have been different. The Authority's decision was therefore affected by jurisdictional error, requiring the appeal to be allowed and the review remitted for redetermination according to law.

Court Disposition

Appeal allowed by consent; Federal Circuit and Family Court orders set aside; Immigration Assessment Authority decision quashed; matter remitted to the Immigration Assessment Authority for determination according to law; costs ordered in favour of the appellant.

Orders

  • ['The appellant be granted leave to file an amended notice of appeal in a form substantially similar to Annexure A to these orders.' 'The appeal be allowed.' 'The orders made by the Federal Circuit and Family Court of Australia (Division 2) on 29 November 2022 be set aside.' 'A writ of certiorari issue, removing...