Case M140/2019

ABT17 v. Minister for Immigration and Border Protection & Anor

Case No.


Case Information

Lower Court Judgment

16/04/2019 Federal Court of Australia (Bromberg J)

[2019] FCA 613


Migration law – Protection visa – Where delegate accepted as plausible that applicant had been sexually tortured – Where such claim not accepted by Immigration Assessment Authority (“IAA”) –Whether IAA decision tainted by jurisdictional error due to failure to exercise discretion under s 473DC of Migration Act 1958 (Cth) to invite applicant to give new information in form of interview – Whether failure of IAA to exercise its s 473DC discretion was material to decision and constituted jurisdictional error.


18/10/2019 Hearing (SLA, Melbourne)

29/10/2019 Notice of appeal

06/12/2019 Written submissions (Appellant)

06/12/2019 Chronology (Appellant)

10/01/2020 Written submissions (First respondent)

03/02/2020 Reply

06/08/2020 Hearing (Full Court, Canberra)

06/08/2020 Outline of oral argument (Appellant)

06/08/2020 Outline of oral argument (First respondent)

14/10/2020 Judgment (Judgment summary)