AUS17 v. Minister for Immigration and Border Protection & Anor

Lower Court Judgment

16/10/2019 Federal Court of Australia (Logan J)

[2019] FCA 1686

Catchwords

Migration law –Migration Act 1958(Cth) s 473DD –Circumstances in which Immigration Assessment Authority(“IAA”)can consider new information when reviewing a fast track reviewable decision–Where appellant applied for Safe Haven Enterprise Visa and application refused by Minister’s delegate–Where appellant’s representative supplied IAA with further materials including letter of support by third party written after date of delegate’s decision–Where IAA considered that new information in letter could have been provided to the delegate, and so concluded, on basis of s 473DD(b)(i),that exceptional circumstances did not exist such that it could consider new information in letter –Whether failure to satisfy condition in s 473DD(b)(i) sufficient basis for IAAto conclude exceptional circumstances did not exist within meaning of s 473DD(a)where s 473DD(b)(ii) satisfied

Short Particulars