High Court of Australia
HIGH COURT OF AUSTRALIA
KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ
BVD17 APPELLANT
AND
MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR RESPONDENTS
BVD17 v Minister for Immigration and Border Protection [2019] HCA 34 9 October 2019 S46/2019
ORDER
Appeal dismissed with costs.
On appeal from the Federal Court of Australia
Representation
A Aleksov for the appellant (instructed by Australian Presence Legal)
G T Johnson SC with N D J Swan for the first respondent (instructed by MinterEllison)
Submitting appearance for the second respondent
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
BVD17 v Minister for Immigration and Border Protection
Immigration – Refugees – Application for protection visa – Immigration Assessment Authority ("Authority") – Review by Authority under Pt 7AA of Migration Act 1958 (Cth) – Where decision by delegate of Minister for Immigration and Border Protection to refuse protection visa referred to Authority for review – Where Secretary of Department of Immigration and Border Protection gave Authority documents and information – Where Secretary notified Authority that s 473GB applied to documents and information – Where s 473GB(3) conferred discretions on Authority, upon notification, to have regard to matter in document or to information and to disclose matter in document or information to referred applicant – Where documents and information not disclosed to referred applicant during review – Where fact of notification not disclosed to referred applicant during review – Whether procedural fairness required Authority to disclose fact of notification to referred applicant.
Administrative law – Judicial review – Jurisdictional error – Procedural fairness – Where Div 3 of Pt 7AA, s 473GA and s 473GB provided exhaustive statement of natural justice hearing rule in relation to reviews by Authority – Whether implied obligation of procedural fairness precluded.
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