BOA18 and Ors v Minister for Immigration and Anor (No.2)

This matter concerned a review of a decision by the Immigration Assessment Authority (IAA) to refuse protection visas to the applicants, who claimed a fear of harm in Sri Lanka. The first applicant had made a late claim of high-level involvement with the LTTE. The IAA had disbelieved parts of the applicants' claims and found other fears not to be well-founded. The applicants sought judicial review of the IAA's decision.

The legal issues before the Court were whether the IAA erred by failing to consider the exercise of its power to obtain new information, and whether the IAA's decision was vitiated by an apprehension of bias. The Minister argued that the applicants were on notice that the IAA would proceed quickly with its reconsideration and that they had not provided further information despite opportunities to do so. The Minister also contended that previous cases relied upon by the applicants were distinguishable as they did not involve a review under Part 7AA of the Migration Act, which included a provision similar to s.473DC(2).

The Court found that the IAA's reasoning for not exercising its discretion to obtain new information was problematic. The IAA had stated that the first applicant's wife did not have relevant information, or that even if she did, it would not be believed. The Court noted that the IAA's approach did not sit comfortably with its own previous reasoning in BOA18. The Court concluded that jurisdictional error had been established.