FHZ17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1189

FHZ17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1189

The Authority's failure to invite the appellant to comment on the DFAT and UK Home Office country information was not legally unreasonable. The information concerned the general security situation of Sunni Muslims in Iraq and was not specifically about the appellant, so s 473DE(3)(a) meant there was no obligation to give it to him for comment. Part 7AA contemplates fast track review on the papers and permits the Authority to obtain such general country information without inviting comment. CRY16 and DZU16 were distinguishable because they concerned relocation issues turning on the particular circumstances of the applicant, whereas this case concerned general country information. The...

Jurisdiction
Australia
Judgment Date
06 October 2023
Procedural Posture
Migration Appeal From Dismissal of Judicial Review Application Concerning Refusal of Safe Haven Enterprise Visa / Appeal to the Federal Court of Australia From FHZ17 V Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 623
Outcome
Appeal dismissed with costs.
Legal Topics
['safe Haven Enterprise Visa' 'protection Visa' 'fast Track Review' 'immigration Assessment Authority' 'new Information' 'legal Unreasonableness' 'procedural Fairness' 'country Information']
['migration' 'administrative Law'] ['safe Haven Enterprise Visa' 'protection Visa' 'fast Track Review' 'immigration Assessment Authority' 'new Information' 'legal Unreasonableness' 'procedural Fairness' 'country Information']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Judicial Review Application Concerning Refusal of Safe Haven Enterprise Visa / Appeal to the Federal Court of Australia From FHZ17 V Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 623

Legal Issues

  1. 1 ["Whether the Immigration Assessment Authority's failure to exercise its power under s 473DC of the Migration Act 1958 (Cth) to invite the appellant to give new information or submissions about new country information was legally unreasonable." 'Whether the case was distinguishable from Minister for Immigration and Border Protection v CRY16 and Minister for Immigration and Border Protection v DZU16.' 'Whether the Authority was required to invite comment on new country information not specifically about the appellant but about a class of persons of which he was a member.']

Ratio Decidendi

The Authority's failure to invite the appellant to comment on the DFAT and UK Home Office country information was not legally unreasonable. The information concerned the general security situation of Sunni Muslims in Iraq and was not specifically about the appellant, so s 473DE(3)(a) meant there was no obligation to give it to him for comment. Part 7AA contemplates fast track review on the papers and permits the Authority to obtain such general country information without inviting comment. CRY16 and DZU16 were distinguishable because they concerned relocation issues turning on the particular circumstances of the applicant, whereas this case concerned general country information. The...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The name of the first respondent is changed to the Minister for Immigration, Citizenship and Multicultural Affairs.' 'The appeal is dismissed.' "The appellant is to pay the first respondent's costs, as agreed or taxed."]