Minister for Immigration and Border Protection v CED16Citation:[2020] HCA 24Before:Gageler, Keane, Nettle, Gordon, Edelman JJDate:30 Jun 2020Case Number:S347/2019Read more

Minister for Immigration and Border Protection v CED16Citation:[2020] HCA 24Before:Gageler, Keane, Nettle, Gordon, Edelman JJDate:30 Jun 2020Case Number:S347/2019Read more

The certificate under s 473GB was invalid and not before the delegate at the time of the decision under review; therefore, it constituted 'new information' within the meaning of s 473DC(1) and should have been considered as such by the Authority.

Parties
Applicant: Minister for Immigration and Border Protection; Respondent: First Respondent
Jurisdiction
Australia
Judgment Date
30 June 2020
Procedural Posture
Judicial Review / Judgment
Outcome
Appeal dismissed
Legal Topics
Protection Visa, Judicial Review, Procedural Fairness, Statutory Interpretation
Immigration Law Administrative Law Protection Visa Judicial Review Procedural Fairness Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Minister for Immigration and Border Protection

Applicant

First Respondent

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the certificate under s 473GB of the Migration Act 1958 (Cth) was 'new information' within the meaning of s 473DC(1)
  2. 2 Whether the certificate was a 'document' or contained 'information' relevant to the review
  3. 3 Whether the Authority could infer the certificate may have been relevant to the conduct of the review

Ratio Decidendi

The certificate under s 473GB was invalid and not before the delegate at the time of the decision under review; therefore, it constituted 'new information' within the meaning of s 473DC(1) and should have been considered as such by the Authority.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The decision of the lower court is affirmed.