ABJ17 v Minister for Immigration and Border Protection

The case of ABJ17 v Minister for Immigration and Border Protection involves an appeal against the decision of the Immigration Assessment Authority (the Authority) affirming the delegate’s decision to refuse the appellant a Safe Haven Enterprise visa (SHEV). The appellant, an Iranian national, had applied for the SHEV, claiming a real risk of persecution if returned to Iran due to his anti-regime activities, conversion to Christianity, and being a returned failed asylum seeker. The appellant argued that the Authority erred by treating a translation of a document provided to the delegate as new information, contrary to section 473DD of the Migration Act 1958 (Cth).

The legal issues in this appeal centered around the interpretation of section 473DD of the Migration Act, which restricts the Authority from considering new information unless it falls within specified exceptions. The primary issue was whether the translation of the document was new information that the Authority should have considered. The appellant argued that the Authority should have accepted the submission that the translation was not new information since the original document was before the delegate. The respondent contended that the translation was new information and thus not properly considered by the Authority.

The court found that the translation of the document was indeed new information and, therefore, the Authority was correct in not considering it. The court held that the translation was not before the delegate and was provided to the Authority after the delegate’s decision. The court rejected the appellant’s argument that the Authority should have accepted the submission that the translation was not new information, as it was not bound by the submissions made by the parties. The court concluded that the Authority's decision was not in error.

Given the findings, the appeal was dismissed with costs. The court ordered that the appellant pay the respondent’s costs of and incidental to the appeal.