BDT17 v Minister for Immigration and Border Protection [2023] FCA 452

Federal Court of Australia

BDT17 v Minister for Immigration and Border Protection [2023] FCA 452 Appeal from: BDT17 v Minister for Immigration and Border Protection [2018] FCCA 3133

File number: NSD 2316 of 2018

Judgment of: WIGNEY J

Date of judgment: 12 May 2023

Catchwords: MIGRATION — Application for protection visa — application refused by delegate of Minister for Immigration and Border Protection — refusal affirmed by Immigration Assessment Authority decision — judicial review of Authority's decision in Federal Circuit Court — appeal from Circuit Court — whether primary judge erred in finding that Authority did not fail to consider two elements of claim said to arise from visa application — claims not articulated in or otherwise evident on the face of the application — whether primary judge erred in finding that the Authority did not deny procedural fairness to appellant by improperly dealing with s 473GB certificate and notification — certificate invalid — notification contended to bar disclosure of Minister's report opining that appellant's evidence was non-genuine — appellant never requested disclosure of report such that no practical injustice arose from non-disclosure — no obligation to disclose report under s 473DA — no obligation to disclose s 473GB notification — no failure to exercise discretion to notify appellant of report — appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36(2), 473GB

Cases cited: BDT17 v Minister for Immigration and Border Protection [2018] FCCA 3133 BIK17 v Minister for Home Affairs [2020] FCA 1086 BVD17 v Minister for Immigration and Border Protection (2019) 268 CLR 29; [2019] HCA 34 Minister for Immigration and Border Protection v BBS16 (2017) 257 FCR 111; [2017] FCAFC 176 Minister for Immigration and Border Protection v CED16 (2020) 380 ALR 216; [2002] HCA 24