DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12

DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12

The appeal failed because Pt 7AA did not require the Authority, in this case, to disclose its specific reservations or different adverse evaluation of material already before the delegate, or to invite a response. The Authority reassessed the same material concerning whether the appellant was a CTS informant and his credibility, which were already central to the delegate's refusal. Section 473DA excluded any broader common law procedural fairness hearing obligation, and the Authority did not act legally unreasonably by not exercising s 473DC(3). Paragraph 21 of the Practice Direction concerned concise submissions, not new information, did not impose an absolute bar on longer submissions,...

Jurisdiction
Australia
Judgment Date
01 February 2018
Procedural Posture
Migration Appeal From Federal Circuit Court Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Protection Visa / Appeal to the Full Court of the Federal Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['fast Track Review Process' 'safe Haven Enterprise Visa' 'protection Visa Criteria' 'immigration Assessment Authority Review' 'procedural Fairness' 'legal Unreasonableness' 'new Information' 'practice Directions']
['migration Law' 'administrative Law'] ['fast Track Review Process' 'safe Haven Enterprise Visa' 'protection Visa Criteria' 'immigration Assessment Authority Review' 'procedural Fairness' 'legal Unreasonableness' 'new Information' 'practice Directions']

Case Brief

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Procedural Posture

Migration Appeal From Federal Circuit Court Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Protection Visa / Appeal to the Full Court of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the primary judge erred in finding that the Immigration Assessment Authority conducted a review as required by s 473CC(1) of the Migration Act 1958 (Cth).' 'Whether the Immigration Assessment Authority was required to notify the appellant of issues or reservations not treated as dispositive by the delegate and give him an opportunity to respond.' 'Whether the Immigration Assessment Authority acted legally unreasonably by not inviting comment or new information under s 473DC(3).' 'Whether s 473DA excluded common law procedural fairness requirements in relation to disclosure of issues and inviting a response.' 'Whether paragraph 21 of the Immigration Assessment Authority Practice Direction was inconsistent with s 473DC or s 473DD or an unreasonable exercise of power under s 473FB.']

Ratio Decidendi

The appeal failed because Pt 7AA did not require the Authority, in this case, to disclose its specific reservations or different adverse evaluation of material already before the delegate, or to invite a response. The Authority reassessed the same material concerning whether the appellant was a CTS informant and his credibility, which were already central to the delegate's refusal. Section 473DA excluded any broader common law procedural fairness hearing obligation, and the Authority did not act legally unreasonably by not exercising s 473DC(3). Paragraph 21 of the Practice Direction concerned concise submissions, not new information, did not impose an absolute bar on longer submissions,...

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' "The appellant pay the first respondent's costs, as agreed or taxed."]