DEL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1679

Federal Court of Australia

DEL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1679 Appeal from: DEL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 666

File number: VID 478 of 2022

Judgment of: LOGAN J

Date of judgment: 28 November 2023

Catchwords: MIGRATION – where the appellant arrived in Australia without a visa – where the Minister denies the appellant a safe haven enterprise visa – where the appellant seeks review of the Minister's decision by the Immigration Assessment Authority (Authority) – where the Authority affirms the Minister's decision – where the Federal Circuit and Family Court of Australia (Circuit Court) dismisses an application by the appellant to review the decision of the Authority – where the Authority considered new country information and was not satisfied that there was a basis for the granting of a visa - whether the primary judge erred in not finding that the appellant was denied procedural fairness by the Authority for not allowing the appellant to make oral submissions on new country information which was obtained and considered by the Authority under s 473DC and s 473DD of the Migration Act 1958 (the Act) – whether, under s 473DE(3), the Authority relied upon information which was specifically concerning the appellant which under s 473DE(1)(c) requires the Authority to invite the appellant to comment – whether it was lawfully open to the Authority to act on the new country information without giving the visa applicant an opportunity to comment upon that new information EKW17 v Minister for Immigration and Border Protection [2018] FCA 1366 considered – where the court finds that there was nothing in the new information which was about the appellant specifically – where the Authority did not act on anything in the new report which was specifically concerning the appellant – no denial of procedural fairness – appeal dismissed