Age18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

This matter concerned an application for review by an Afghan national, the Applicant, against a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, the Respondent, to refuse to grant a protection visa. The Applicant had arrived in Australia as an unauthorised maritime arrival in 2012 and applied for the visa in 2015. Following a delegate's refusal in 2016, the matter was referred to the Authority for review. The Authority affirmed the delegate's decision in December 2017, leading to the Applicant commencing proceedings in the Federal Court of Australia.

The primary legal issue before the Court was whether the Authority had committed jurisdictional error by incorrectly applying the requirements of section 473DD of the *Migration Act 1958* (Cth) when considering new information provided by the Applicant. Specifically, the Applicant argued that the Authority failed to properly consider the criteria outlined in section 473DD(b) after considering section 473DD(a), and that this failure amounted to a misunderstanding of its jurisdictional powers. An alternative submission raised during the hearing argued that the Authority had made definitive findings on the Applicant's protection claims at an anterior stage of its decision-making process, which was impermissible under the statutory scheme.

Blake J found that the Applicant's contention that the Authority did not comply with section 473DD was accepted by the Minister, having regard to the High Court decision in *AUS17 v Minister for Immigration and Border Protection*. The Minister conceded that the Authority had considered section 473DD(a) but not section 473DD(b) in substance. However, Blake J dismissed the application for review, finding that Grounds 2 and 3 of the Grounds of Review should be dismissed.

Consequently, the Application for Review was dismissed in its entirety. The Court made an order for costs in favour of the Minister, reflecting the outcome of the proceedings.