AMA16 v Minister for Immigration & Ors

This matter came before Judge Riley of the Federal Court of Australia concerning a review of a decision made by the Immigration Assessment Authority (IAA). The applicant, AMA16, sought judicial review of the IAA's decision, alleging it was affected by jurisdictional error, specifically a denial of natural justice. The core of the dispute revolved around the IAA's consideration of certain "review material," including legal advice and departmental communications from the Secretary, which had not been disclosed to the applicant.

The primary legal issue before the Court was whether the common law principles of procedural fairness, particularly the right to be informed of and respond to adverse material, applied to reviews conducted by the IAA. The applicant contended that the IAA had a duty to disclose the legal advice and departmental communications received from the Secretary, as this material was potentially adverse and relevant to the review. The applicant argued that the IAA's failure to do so, or alternatively, the provision of such material by the Secretary, vitiated the decision and demonstrated apprehended bias.

Judge Riley determined that the principles of common law procedural fairness do not apply to reviews conducted by the IAA. This conclusion was based on the specific wording of section 473DA(1) of the *Migration Act 1958* (Cth), which states that Division 3 of Part 7AA, along with sections 473GA and 473GB, constitutes an exhaustive statement of the requirements of the natural justice hearing rule in relation to IAA reviews. The Court found this provision to be significantly different from equivalent provisions concerning the Administrative Appeals Tribunal, which are not as broadly exhaustive. Consequently, the Court held that the common law obligations identified in cases such as *SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs* do not apply to IAA reviews, and therefore, the applicant's ground of review based on denial of natural justice was not made out.