DYK16 v Minister for Immigration and Border Protection [2019] FCAFC 222 (10 December 2019) (Allsop CJ, Jagot and Moshinsky JJ)


Catchwords:


MIGRATION – appeal from Federal Circuit Court of Australia – fast track review process – where the appellant provided to the Department certain documents relating to a complaint to the Human Rights Commission of Sri Lanka (the Human Rights Documents) – where the Human Rights Documents were not before the delegate of the first respondent at the time he made a decision to reject the appellant’s visa application – where the Secretary did not provide the Human Rights Documents to the Immigration Assessment Authority – where the appellant submitted the Human Rights Documents to the Authority but the Authority refused to consider them – where the Authority proceeded on the misapprehension that the Human Rights Documents had not been previously provided to the Department – whether the Secretary breached the obligation in s 473CB(1)(c) of the Migration Act 1958 (Cth) to give the Authority “any other material that is in the Secretary’s possession or control and is considered by the Secretary … to be relevant to the review” – whether the Authority failed to carry out the review required by Pt 7AA of the Migration Act