DST18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 104

FEDERAL COURT OF AUSTRALIA

DST18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 104 Appeal from: DST18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFam2G 1182

File number(s): NSD 39 of 2024

Judgment of: COLLIER, THAWLEY AND STEWART JJ

Date of judgment: 20 AUGUST 2024

Catchwords: MIGRATION – application for leave to appeal from a decision answering "no" to a separate question – where Minister referred a fast track reviewable decision to the Immigration Assessment Authority – where Authority's decision quashed and remitted to the Authority – where Authority made a second decision – where new country information had come into the possession of the Secretary after the original referral to the Authority – whether the Minister's duty in ss 473CA of the Migration Act 1958 (Cth) to refer a fast track reviewable decision to the Authority must be re-performed after a decision of the Authority is quashed – whether the Secretary's duty in s 473CB to give review material to the Authority must be re-performed after a decision of the Authority is quashed – meaning of 'at the time of the referral' in s 473CB(1)(c) of the Act – held: (a) by majority (Thawley J, Stewart J agreeing): that, after the Authority's decision was quashed, the Minister was required to re-perform the duty under s 473CA, which would then have required the Secretary to re-perform the duty under s 473CB(1); (b) by majority (Collier J and Thawley J, for separate reasons): that the word "referred" in s 473CB(1)(c) is not to be construed as including a reference to a remittal of a matter to the Authority by a Court. leave to appeal granted – appeal allowed