ERN17 v Minister for Immigration and Border Protection [2018] FCA 1672

ERN17 v Minister for Immigration and Border Protection [2018] FCA 1672

The appeal was dismissed because the asserted jurisdictional error was not made out: s 473DD was not confined to new information provided by the referred applicant; the availability of the updated 2017 DFAT country information made it open to the Authority to find exceptional circumstances justifying consideration of that information; s 473DE did not require particulars or an invitation to comment because the information was class-based and not specifically about the appellant; and no jurisdictional error was discerned concerning s 473DC.

Jurisdiction
Australia
Judgment Date
05 November 2018
Procedural Posture
Migration Judicial Review Appeal / Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Decision of the Immigration Assessment Authority
Outcome
Appeal dismissed with costs.
Legal Topics
['fast Track Reviewable Decision' 'immigration Assessment Authority' 'new Information' 'exceptional Circumstances' 'updated Country Information' 'opportunity to Comment']
['migration' 'administrative Law'] ['fast Track Reviewable Decision' 'immigration Assessment Authority' 'new Information' 'exceptional Circumstances' 'updated Country Information' 'opportunity to Comment']

Case Brief

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Procedural Posture

Migration Judicial Review Appeal / Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Decision of the Immigration Assessment Authority

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority fell into jurisdictional error in its application of s 473DD of the Migration Act 1958 (Cth) by considering an updated 2017 DFAT country information report as new information in exceptional circumstances.' 'Whether s 473DD applies only to new information provided by a referred applicant.' 'Whether the Authority was required by s 473DE of the Migration Act 1958 (Cth) to give the appellant particulars of the 2017 DFAT report and invite comment.' 'Whether any jurisdictional error arose from the Authority not exercising powers under s 473DC of the Migration Act 1958 (Cth).']

Ratio Decidendi

The appeal was dismissed because the asserted jurisdictional error was not made out: s 473DD was not confined to new information provided by the referred applicant; the availability of the updated 2017 DFAT country information made it open to the Authority to find exceptional circumstances justifying consideration of that information; s 473DE did not require particulars or an invitation to comment because the information was class-based and not specifically about the appellant; and no jurisdictional error was discerned concerning s 473DC.

Court Disposition

Appeal dismissed with costs.

Orders

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