DJU20 v Minister for Immigration and Border Protection [2019] FCA 2220

DJU20 v Minister for Immigration and Border Protection [2019] FCA 2220

The appeal failed because s 473CB(1)(c) did not require the Secretary to consider whether a statutory declaration forming part of an earlier invalid protection visa application, which the delegate was forbidden to consider and which the appellant did not bring forward in support of his valid SHEV application, was relevant to the IAA review. Alternatively, any non-compliance was not material: the Authority's adverse credibility reasoning turned on the appellant's failure to mention questioning and torture at the biodata and entry interviews, not on whether those claims were first made in 2013 or 2015, and the appellant did not show that provision of the 2013 statutory declaration could...

Jurisdiction
Australia
Judgment Date
27 May 2019
Procedural Posture
Migration Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court; Judgment on Appeal
Outcome
Appeal dismissed.
Legal Topics
['protection Visas' 'safe Haven Enterprise Visa' 'fast Track Reviewable Decisions' 'immigration Assessment Authority Review Material' 'jurisdictional Error' 'materiality' 'statutory Construction']
['migration Law' 'administrative Law' 'judicial Review'] ['protection Visas' 'safe Haven Enterprise Visa' 'fast Track Reviewable Decisions' 'immigration Assessment Authority Review Material' 'jurisdictional Error' 'materiality' 'statutory Construction']

Case Brief

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Procedural Posture

Migration Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court; Judgment on Appeal

Legal Issues

  1. 1 ['Whether the primary judge erred in failing to find that the Secretary breached s 473CB(1)(c) of the Migration Act 1958 (Cth) by not considering the relevance of a 2013 statutory declaration attached to an earlier invalid protection visa application.' 'Whether any breach of s 473CB(1)(c) was material and gave rise to jurisdictional error.' 'Whether it was reasonably open to treat the 2013 statutory declaration as not relevant where identical information appeared in the 2015 statutory declaration provided with the valid SHEV application.']

Ratio Decidendi

The appeal failed because s 473CB(1)(c) did not require the Secretary to consider whether a statutory declaration forming part of an earlier invalid protection visa application, which the delegate was forbidden to consider and which the appellant did not bring forward in support of his valid SHEV application, was relevant to the IAA review. Alternatively, any non-compliance was not material: the Authority's adverse credibility reasoning turned on the appellant's failure to mention questioning and torture at the biodata and entry interviews, not on whether those claims were first made in 2013 or 2015, and the appellant did not show that provision of the 2013 statutory declaration could...

Court Disposition

Appeal dismissed.

Orders

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