AHD20 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 273

Federal Court of Australia

AHD20 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 273 Appeal from: AHD20 v Minister for Immigration [2020] FCCA 2996

File number: NSD 1367 of 2020

Judgment of: RAPER J

Date of judgment: 22 March 2024

Catchwords: MIGRATION – appeal from orders of the (then) Federal Circuit Court of Australia dismissing at show-cause hearing an application for review of a decision of the Immigration Assessment Authority to affirm a decision of a delegate not to grant a protection visa – where new information put before Authority – where Minister requested adjournment before primary judge given the decision in AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; 269 CLR 494 – where the Court refused the Minister's request and whether this refusal was a denial of natural justice and a misapplication of relevant statutory rules – where the appellant was unrepresented and whether sufficient steps were taken to remove disadvantage – whether the appellant was provided with sufficient assistance to ensure that the arguments about legal error could be properly developed and appraised of the available procedural mechanisms – appeal allowed

Legislation: Migration Act 1958 (Cth) Pt 7AA, s 473DD Federal Circuit Court Rules 2001 (Cth) r 44.12, 44.12(1)(a)

Cases cited: AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; 269 CLR 494 BKT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 384 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 MZAIB v Minister for Immigration and Border Protection [2015] FCA 1392 Nathanson v Minister for Home Affairs [2022] HCA 26; 276 CLR 80