CAQ17 v Minister for Immigration

The applicants sought judicial review of a decision by the Immigration Assessment Authority (the Authority) to affirm a decision not to grant them a visa. The applicants alleged that the Authority committed jurisdictional error by failing to consider all relevant circumstances, contrary to its obligations under s 473DD of the *Migration Act 1958* (Cth). This failure, they contended, arose from the Authority's refusal to consider new information relating to a personal claim made by the second applicant.

The central legal issue before the Court was whether the Authority erred in law by not considering the new information provided by the applicants. Specifically, the Court had to determine the proper interpretation and application of s 473DD of the *Migration Act 1958*, which sets out the conditions under which the Authority must consider new information when making a decision in relation to a fast-track reviewable decision.

The Court's reasoning focused on the two conditions stipulated in s 473DD. Firstly, the Authority must be satisfied that there are "exceptional circumstances" justifying the consideration of new information. The Court referred to the High Court's explanation in *Plaintiff M174/2016 v Minister for Immigration and Border Protection* (2018) 353 ALR 600, noting that "exceptional" circumstances are not necessarily unique or unprecedented, but rather those not regularly or routinely encountered. Secondly, the applicant must satisfy the Authority that the new information was either not provided to the Minister before the initial decision was made, or that it is credible personal information that was not previously known and may have affected the consideration of the applicant's claims. The Court indicated that both these conditions must be met for the Authority to consider new information.