DNA17 v Minister for Immigration and Border Protection [2019] FCAFC 146

DNA17 v Minister for Immigration and Border Protection [2019] FCAFC 146

The Authority misapplied s 473DD by treating the appellant's "no information" proposition as new information, because that proposition was a submission about the absence of evidence rather than a communication of new facts. However, the error was confined to that proposition and did not amount to jurisdictional error. The submission was not substantial or material: it concerned only one aspect of social isolation relevant to reasonableness of relocation, the Authority otherwise considered the appellant's lack of family in Lahore, the small Hazara community, possible interaction with other Shias, employment, accommodation, security and adaptability, and there was no realistic possibility...

Jurisdiction
Australia
Judgment Date
30 August 2019
Procedural Posture
Migration Appeal From a Decision of the Federal Circuit Court Dismissing an Application for Judicial Review of a Decision of the Immigration Assessment Authority Affirming Refusal of a Temporary Protection Visa / Appeal to the Full Court of the Federal Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['temporary Protection Visa' 'fast Track Review' 'immigration Assessment Authority' 'new Information Under S 473 DD of the Migration Act 1958 (cth)' 'jurisdictional Error' 'failure to Consider a Submission of Substance' 'materiality' 'internal Relocation']
['migration Law' 'administrative Law'] ['temporary Protection Visa' 'fast Track Review' 'immigration Assessment Authority' 'new Information Under S 473 DD of the Migration Act 1958 (cth)' 'jurisdictional Error' 'failure to Consider a Submission of Substance' 'materiality' 'internal Relocation']

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 a Decision of the Federal Circuit Court Dismissing an Application for Judicial Review of a Decision of the Immigration Assessment Authority Affirming Refusal of a Temporary Protection Visa / Appeal to the Full Court of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority erred in characterising all or part of the Submitted Relocation Material as new information within the meaning of s 473DD of the Migration Act 1958 (Cth).' 'If so, whether the Immigration Assessment Authority erred by failing to have regard to a submission of substance made by the appellant.' "If so, whether the error was material to the Immigration Assessment Authority's decision and thereby a jurisdictional error."]

Ratio Decidendi

The Authority misapplied s 473DD by treating the appellant's "no information" proposition as new information, because that proposition was a submission about the absence of evidence rather than a communication of new facts. However, the error was confined to that proposition and did not amount to jurisdictional error. The submission was not substantial or material: it concerned only one aspect of social isolation relevant to reasonableness of relocation, the Authority otherwise considered the appellant's lack of family in Lahore, the small Hazara community, possible interaction with other Shias, employment, accommodation, security and adaptability, and there was no realistic possibility...

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the first respondent, as agreed or taxed.']