DVO16 v Minister for Immigration & Border Protection [2019] FCAFC 157 (09 September 2019) (Greenwood, Flick and Stewart JJ)


Catchwords:


MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – whether primary judge erred in finding that a decision of the Immigration Assessment Authority (Authority) was not affected by jurisdictional error – where the Authority did not consider exercising its power under s 473DC of the Migration Act 1958 (Cth) to hear further from the appellant in relation to ethnic persecution claims – where there were difficulties in interpretation – whether the process lacked procedural fairness – whether the Authority failed to apply the test in s 473DD in respect of ‘new information’ – whether the Authority failed to complete the statutory task of review required by s 473CC – appeal dismissed