FHM17 v Minister for Immigration and Border Protection [2019] FCA 1072

FHM17 v Minister for Immigration and Border Protection [2019] FCA 1072

The appeal failed because the Appellant accepted that his submission to the Authority contained no new information: all such information had been before the delegate or emerged from an earlier interview. Sections 473DC and 473DD therefore were not engaged, and there was no procedural unfairness in not inviting submissions about s 473DD(b)(i) or (ii). The Federal Circuit Court's reasons, although general in dealing with poorly expressed grounds, showed that the primary judge considered the Appellant's claims and the Authority's reasons; no denial of procedural fairness was established. Nor was any denial of procedural fairness by the Authority shown, as the Appellant had been advised of...

Jurisdiction
Australia
Judgment Date
12 July 2019
Procedural Posture
Migration Appeal; Administrative Law Judicial Review / Appeal to the Federal Court From Dismissal by the Federal Circuit Court of an Application for Review of an Immigration Assessment Authority Decision Affirming Refusal of a Safe Haven Enterprise Visa
Outcome
Appeal dismissed.
Legal Topics
['fast Track Reviewable Decision' 'safe Haven Enterprise Visa' 'new Information' 'immigration Assessment Authority' 'opportunity to Be Heard' 'jurisdictional Error']
['administrative Law' 'migration Law' 'procedural Fairness'] ['fast Track Reviewable Decision' 'safe Haven Enterprise Visa' 'new Information' 'immigration Assessment Authority' 'opportunity to Be Heard' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Appeal; Administrative Law Judicial Review / Appeal to the Federal Court From Dismissal by the Federal Circuit Court of an Application for Review of an Immigration Assessment Authority Decision Affirming Refusal of a Safe Haven Enterprise Visa

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority misconstrued ss 473DC and 473DD of the Migration Act 1958 (Cth) by failing to give the Appellant an opportunity to satisfy it that information in his submission was new information falling within s 473DD(b)(i) or (ii).' 'Whether the Appellant was denied procedural fairness by the Federal Circuit Court because, as an unrepresented applicant, his grounds were not properly pleaded or assessed.' 'Whether, if Ground 2 were construed as directed to the Authority, the Authority denied procedural fairness.']

Ratio Decidendi

The appeal failed because the Appellant accepted that his submission to the Authority contained no new information: all such information had been before the delegate or emerged from an earlier interview. Sections 473DC and 473DD therefore were not engaged, and there was no procedural unfairness in not inviting submissions about s 473DD(b)(i) or (ii). The Federal Circuit Court's reasons, although general in dealing with poorly expressed grounds, showed that the primary judge considered the Appellant's claims and the Authority's reasons; no denial of procedural fairness was established. Nor was any denial of procedural fairness by the Authority shown, as the Appellant had been advised of...

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' 'The Appellant is to pay the costs of the First Respondent, either as agreed or assessed.']