DCF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 857

Federal Court of Australia

DCF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 857 Appeal from: DCF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1531

File number: VID 442 of 2021

Judgment of: RANGIAH J

Date of judgment: 22 July 2022

Catchwords: MIGRATION – Migration Act 1958 (Cth) Pt 7AA – appeal from Federal Circuit Court of Australia – where appellant placed relevant material in post before delegate made decision to refuse appellant's protection visa but received by delegate after decision made –material was not provided by Secretary to the Immigration Assessment Authority upon review contrary to s 473CB – Secretary's failure to do so was legally unreasonable – whether the Authority erred in finding it could not have regard to the new information pursuant to s 473DD(b) – Authority's failure to be satisfied that new information could not have been provided before decision was made under s 473DD(b)(i) was not unreasonable – where the Authority found claims made in the new material were not credible under s 473DD(b)(ii) – credibility finding was illogical and unreasonable – error was material – appeal allowed STATUTORY INTERPRETATION – Migration Act 1958 (Cth) Pt 7AA, s 473DD – whether Authority erred in construing s 473DD – where Authority erred in applying s 473DD(b) to new information provided by the Secretary – where incorrect test applied under s 473DD(b)(ii) – whether error was material

Legislation: Acts Interpretation Act 1901 (Cth) s 29(1) Migration Act 1958 (Cth) ss 5H, 5J, 36(2), 52(1), 55(1), 65 Pt 7AA, ss 473CA, 473CB, 473CC, 473DB, 473DC, 473DD Migration Regulations 1994 (Cth) reg 2.14