Case S46/2019 | High Court of Australia

Case information

Lower Court Judgment

25/07/2018 Federal Court of Australia (Flick, Markovic and Banks-Smith JJ)

[2018] FCAFC 114

Catchwords

Migration law – Procedural fairness – Where certificate issued under s 473GB of Migration Act 1958 (Cth) – Where failure to disclose the fact of certification and appellant unaware of certificate – Whether Immigration Assessment Authority denied procedural fairness by not disclosing that part of the review material included material subject of certificate – Whether Immigration Assessment Authority failed to consider exercising discretion to disclose information –Whether Immigration Assessment Authority acted in a way that was legally unreasonable in circumstances.

Short particulars

Documents

15/02/2019 Hearing (SLA, Sydney v/link to Melbourne)

01/03/2019 Notice of appeal

05/04/2019 Written submissions (Appellant)

05/04/2019 Chronology (Appellant)

03/05/2019 Written submissions (First respondent)

15/05/2019 Reply

13/06/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

13/06/2019 Outline of oral argument (Appellant)

13/06/2019 Outline of oral argument (First respondent)

09/10/2019 Judgment (Judgment Summary)

BVD17 v. Minister for Immigration and Border Protection & Anor