Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BOA18 [2021] FCA 943

Federal Court of Australia

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BOA18 [2021] FCA 943 Appeal from: BOA18 & Ors v Minister for Immigration & Anor (No 2) [2020] FCCA 1608

File number: WAD 186 of 2020

Judgment of: BESANKO J

Date of judgment: 12 August 2021

Catchwords: MIGRATION — appeal from orders made by Federal Circuit Court of Australia granting respondents' amended application for judicial review of a decision of Immigration Assessment Authority — where Authority affirmed a decision of a delegate of Minister to refuse to grant protection visas to respondents — where first respondent made late claims relating to involvement with Liberation Tigers of Tamil Eelam — where respondents brought successful application for judicial review of Authority's decision on the basis that Authority unreasonably failed to consider whether to invite second respondent to give new information on first respondent's late claims — where, following remitter from Federal Circuit Court, Authority again affirmed delegate's decision — where Authority completed second review within 12 working days without inviting respondents to provide further information or make submissions, and attributed authoritative status to new country information — whether Authority's conduct of second review gave rise to apprehended bias in the sense that it was engaged upon an unwelcome process forced by Federal Circuit Court which it intended to complete in shortest possible time — appeal allowed

Legislation: Migration Act 1958 (Cth) ss 473DB, 473DC, 473DD, 473FA, 473FB, Div 3, Pt 7AA