CCB15 v Minister for Immigration

This matter concerned an appeal before Judge Driver concerning a decision made by the Minister for Immigration. The applicant, CCB15, challenged the lawfulness of the decision-making process.

The central legal issue before the court was whether a decision-maker under administrative law has a duty to seek additional material, particularly when relevant facts are known to be readily available, and whether a failure to do so could render the exercise of the decision-making power improper or unreasonable.

Judge Driver, referencing previous authorities including *Azzi v Minister for Immigration*, *Rahman*, *Turner v Minister for Immigration and Ethnic Affairs*, *Kioa v West*, *Enichem Anic Srl v Anti-Dumping Authority*, *Prasad v Minister for Immigration and Ethnic Affairs*, *Videto v Minister for Immigration and Ethnic Affairs*, *Luu v Renevier*, and *Detsongjarus v Minister for Immigration and Ethnic Affairs*, explained that while a decision-maker is generally entitled to rely on the material provided by an applicant and is not obliged to make the applicant's case, there are circumstances where an unreasonable failure to ascertain readily available relevant facts can lead to the decision being considered an improper exercise of power. The court noted that on judicial review, facts known to the decision-maker, or those that would have been learned but for unreasonable conduct, are considered. The failure to make inquiries, when aware of readily available factual material likely to be of critical importance to a central issue, may vitiate the decision as unreasonable and potentially breach a duty to act fairly.